What is a 104 hearing?

What is a 104 hearing?

(a) In General. The court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible. The court may admit the proposed evidence on the condition that the proof be introduced later. …

What should you do for Rule 104?

Highway Code Rule 104

1. watch out for signals given by other road users and proceed only when you are satisfied that it is safe.
2. be aware that an indicator on another vehicle may not have been cancelled.

What do the Federal Rules of Evidence apply to?

The Federal Rules of Evidence are a set of rules that governs the introduction of evidence at civil and criminal trials in United States federal trial courts. The current rules were initially passed by Congress in 1975, after several years of drafting by the Supreme Court.

What are the three 3 criteria for evidence to be admissible in court?

Basically, if evidence is to be admitted at court, it must be relevant, material, and competent. To be considered relevant, it must have some reasonable tendency to help prove or disprove some fact.

Which of the following must be determined in a preliminary hearing under FRE 104?

The court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible.

Which of the following is not an exception to the hearsay rule?

The following are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness: A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused. (3) Then-Existing Mental, Emotional, or Physical Condition.

What is the reasonable rule?

The reasonability rule: if an action cannot be considered “reasonable” or “acceptable” by an objective third person, that action should not be performed.

What is the most basic rule of evidence?

A. The Relevance Rule The most basic rule of evidence is that it must be relevant to the case. Irrelevant evidence should be excluded.

What are the 4 rules of evidence?

6 days ago
There are four Rules of Evidence; Validity, Sufficiency, Authenticity and Currency. The Rules of Evidence are very closely related to the Principles of Assessment and highlight the important factors around evidence collection.

Are text messages allowed in court?

Text messages between you and the other party are generally considered to be admissible. It must be proven in court that the phone numbers receiving or sending the texts belonged to you or the other party.

What are the 2 things tested at the preliminary hearing?

The preliminary hearing is like a mini-trial. The prosecution will call witnesses and introduce evidence, and the defense can cross-examine witnesses.