Province Of Court And Jury - - CA Evidence

Section § 310

In California, decisions regarding legal questions, including how to interpret statutes and other documents, and whether evidence is allowed in court, are made by the judge. The judge also decides questions of fact that must be resolved before evidence can be admitted, following specific rules starting with Section 400.

When it comes to the laws of international organizations, foreign nations, or foreign public entities, these are also legal questions that the judge decides, according to rules starting with Section 450.

(a) All questions of law (including but not limited to questions concerning the construction of statutes and other writings, the admissibility of evidence, and other rules of evidence) are to be decided by the court. Determination of issues of fact preliminary to the admission of evidence are to be decided by the court as provided in Article 2 (commencing with Section 400) of Chapter 4.

(b) Determination of the law of an organization of nations or of the law of a foreign nation or a public entity in a foreign nation is a question of law to be determined in the manner provided in Division 4 (commencing with Section 450).

judge's role questions of law interpretation of statutes admissibility of evidence preliminary fact issues international law foreign law foreign public entities decisions by the court construction of statutes evidence ruling Article 2 Division 4 Section 400 Section 450

(Enacted by Stats. 1965, Ch. 299.)

Section § 311

This California law explains what a court can do if it needs to use foreign law (laws from other states or countries) in a case, but it's unable to determine what that law is. The court has two options: it can either apply California law instead, as long as it doesn't violate the U.S. or state constitutions, or it can dismiss the case, allowing it to be potentially reopened in the future.

If the law of an organization of nations, a foreign nation or a state other than this state, or a public entity in a foreign nation or a state other than this state, is applicable and such law cannot be determined, the court may, as the ends of justice require, either:

(a) Apply the law of this state if the court can do so consistently with the Constitution of the United States and the Constitution of this state; or

(b) Dismiss the action without prejudice or, in the case of a reviewing court, remand the case to the trial court with directions to dismiss the action without prejudice.

foreign law applicability court discretion foreign legal determination California law application constitutional consistency dismissal without prejudice case remand reviewing court trial court directions applying state law international law uncertainty legal proceedings options foreign nation law public entity law

(Enacted by Stats. 1965, Ch. 299.)

Section § 312

In a jury trial, it's the jury's job to decide on all factual issues. They evaluate the evidence, figure out how important each piece is, and judge how believable witnesses and any hearsay statements are. However, their decisions are under the court's supervision.

Except as otherwise provided by law, where the trial is by jury:

(a) All questions of fact are to be decided by the jury.

(b) Subject to the control of the court, the jury is to determine the effect and value of the evidence addressed to it, including the credibility of witnesses and hearsay declarants.

jury trial questions of fact jury decision evidence evaluation witness credibility hearsay declarants court control trial process evidence effect fact determination jury responsibilities trial by jury

(Enacted by Stats. 1965, Ch. 299.)