CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Foundation Issues
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Facts to be Redetermined by Jury
.........Relevancy
4 Cards On This Topic:
When relevance of proffered evidence depends upon preliminary fact, proffered evidence is inadmissible unless court finds there is evidence sufficient to sustain finding of existence of preliminary fact.
Whether impeachment evidence admissible depends on preliminary fact ruling that evidence sufficient to sustain finding witness' credibility affected thereby.
Proponent of experimental evidence must first establish to court preliminary fact that conditions of experiment were substantially identical.
When evidence of similar happening offered, proponent has burden of proving preliminary fact that conditions substantially similar, if not identical.