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The Judge's Factfinding Rule (In Jury Trials)

Evidence at Trial

The reality is that before a jury sees or hears any evidence, the judge first decides what the jury will see and hear. A preliminary fact is “a fact upon the existence or nonexistence of which depends the admissibility or inadmissibility of evidence.” ” Fed. ” Cal. Code § 400. See e.g. , Cal.

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Federal Rule of Evidence 702: A Useful Rule (When It's Followed)

Evidence at Trial

What is inadmissible character evidence (Rule 404(a)) to one judge might be admissible "other acts" evidence (Rule 404(b)) to another. Merrell Dow Pharmaceuticals, Inc. They and their parents sued Merrell Dow Pharmaceuticals, Inc. And when it comes to expert opinion testimony, there can be even more uncertainty.