CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Foundation Issues
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Facts Finally Determined by Judge
.........Reliability of Test or Reenactment
4 Cards On This Topic:
D failed to lay proper foundation re substantial similarity of conditions for use of live models to reenact alleged child sexual abuse episode.
Reliability of breathalyzer a foundational issue that must be established before results admissible; method of establishing reliability.
Whether procedure meets Kelly-Frye test is preliminary fact to be determined by trial judge.
Admissibility of experiments and reenactments.