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MMLU / For which of the following preliminary questions of fact will the trial court…

Problem

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question

For which of the following preliminary questions of fact will the trial court judge, not the jury, determine admissibility?

choices

  1. Whether the voice on a sound recording is that of the defendant.
  2. Whether defendant's copy of a document accurately reflects the contents of the original writing.
  3. Whether a conspiracy existed and defendant and declarant were members of the conspiracy before admitting an alleged declaration by a co-conspirator.
  4. A plaintiff sues on a lost writing, and the defendant contends that it was not lost because it never existed. The question to be decided is whether the original writing ever existed.

subject

professional_law

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Source and history

Official source

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