What is the burden of establishing all preliminary facts pertinent to determining relevancy of the evidence?
California, United States of America
The following excerpt is from People v. O'Roy, C080292 (Cal. App. 2019):
Miranda, supra, 199 Cal.App.4th at p. 1424.) The proponent of the evidence has the burden of establishing all preliminary facts pertinent to determining relevancy of the evidence. (Evid. Code, 403, subd. (a)(1); People v. Kaurish (1990) 52 Cal.3d 648, 693.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In determining the sufficiency of evidence in a civil case, what is the test for determining that the evidence is insufficient? (California, United States of America)
Does the prosecution have to forgo the use of relevant, persuasive evidence to prove an element of a crime because the element might also be established through other evidence? (California, United States of America)
Does the prosecution have to avoid using relevant, persuasive evidence to prove an element of a crime because that element might also be established through other evidence? (California, United States of America)
What is the burden of establishing that a party defending against a motion of no confidence has the burden to establish that the motion is a protected activity? (California, United States of America)
In determining the sufficiency of the evidence, what is the test for determining that the evidence is insufficient? (California, United States of America)
What is the burden of establishing substantial evidence to determine parentage? (California, United States of America)
Does a competent, unconflicted counsel who submitted on the evidence at the preliminary hearing, should have argued to the trial court that this evidence did not establish the lawful duty element beyond a reasonable doubt? (California, United States of America)
What is the test of relevance, relevance and abuse of discretion in determining the admissibility of evidence at trial? (California, United States of America)
What is the test for determining whether there is a conflict in the evidence or the facts or the inferences arising from the evidence? (California, United States of America)
Does a jury have a duty to determine whether the preliminary fact exists and disregard the evidence if not? (California, United States of America)
