Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

1Federal Rule of Evidence 104(b). It provides: 'When the relevancy of evidence depends upon the fulfillment of a condition of fact, the Court shall admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition.' 


As Weinstein commented, '[t]hese issues are, for the most part, simple factual questions to be decided on the basis of common sense, and the Rules [of Evidence] assume that the jury is as competent to decide them as the judge.' 1 WEINSTEIN'S FEDERAL EVIDENCE § 104.30, at 104-63 (2d ed. 1998). 'The judge must determine only that a reasonable jury could make the requisite factual determination based on the evidence before it.' Id. at 104-65, n. 3. See, e.g., United States v. Gil, 58 F.3d 1414, 1420 (9th Cir.1995) ('[t]he court merely needs to decide that there is a substantial enough showing to present the issue to the jury for them to perform [the] weighing function' of whether the showing is strong or weak) (internal quotation marks omitted); United States v. Beechum, 582 F.2d 898, 913 (5th Cir.1978) (en banc) ('the preliminary fact can be decided by the judge against ...

Register or login to access full content



Professors
Professionals
Students