Relationship of Parties, Judge and Jury

Question 1

Preliminary Questions of Law

Answer 1

Involve the relevancy of the proffered evidence

Question 2

Preliminary Questions of Fact

Answer 2

Involve competency of evidence that is relevant.

Question 3

Preliminary Questions decided by Jury

Answer 3

Agency, , authenticity of a document, credibility of wintess and personal knowledge

Question 4

Preliminary Questions decided by Judge

Answer 4

Competency of evidence, requirements for hearsay exceptions, privileges and expert testimony as well as mental competence.

Question 5

Should Jury Be Present?

Answer 5

Whether jury should be excused during preliminary fact determination is generally within discretion of trial judge.