CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Foundation Issues
......Facts Finally Determined by Judge
.........General Rule
6 Cards On This Topic:

If court admits proffered evidence, jury shall not be instructed that they may redetermine finding as to existence of preliminary fact.

When preliminary fact is disputed, court shall indicate which party has burden of proof. Court to decide existence of preliminary fact as required by rule of law under which question arises.

Minor’s capacity under Pen. Code §26 should not be considered same as determining admissibility of a confession as a foundational or preliminary fact under Evid. Code §403.

Trial court must determine whether evidence sufficient to permit jury to find preliminary fact true by preponderance of evidence.

Trial court shall determine existence of preliminary fact, judge who tries case need not call in another judge to hear motion.

Admissibility of preliminary fact does not guarantee sufficiency of evidence to support verdict.