Presentation of evidence - Roles of judge and jury

Learning Outcomes

After reading this article, you will be able to distinguish the respective functions of judge and jury in the presentation of evidence in civil and criminal trials. You will understand how admissibility, preliminary fact questions, and the assessment of weight and credibility are allocated between judge and jury, and how these distinctions are tested on the MBE.

MBE Syllabus

For MBE, you are required to understand how the Federal Rules of Evidence allocate responsibilities between judge and jury in the presentation and evaluation of evidence. This includes:

• The judge’s role in determining admissibility of evidence and resolving preliminary fact questions affecting admissibility.
• The jury’s exclusive role in assessing the weight, credibility, and persuasiveness of admitted evidence.
• The procedures for objections, offers of proof, and limiting instructions.
• The effect of judicial notice and the distinction between questions of law and fact.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. Who decides whether a piece of evidence is admissible at trial?
   1. The jury
   2. The judge
   3. The parties
   4. The witness
2. If a preliminary fact determines whether evidence is relevant, who decides if that fact exists?
   1. The judge
   2. The jury
   3. The parties
   4. The clerk
3. Who determines the credibility of a witness and the weight to give their testimony?
   1. The judge
   2. The jury
   3. The parties
   4. The attorneys
4. When a party objects to evidence as inadmissible, what must the judge do?
   1. Rule on the objection
   2. Submit the objection to the jury
   3. Ignore the objection
   4. Let the parties decide

Introduction

In every trial, the presentation of evidence is governed by clear rules assigning distinct roles to the judge and the jury. The judge acts as gatekeeper, ruling on admissibility and preliminary matters, while the jury is the finder of fact, weighing evidence and deciding credibility. Understanding this division is essential for answering MBE questions on evidence.

The Judge’s Role: Admissibility and Preliminary Questions

The judge decides all questions of law, including whether evidence is admissible under the rules. This includes ruling on objections, determining if a privilege applies, and deciding if a witness is competent.

Key Term: Admissibility The legal determination by the judge that evidence may be considered by the jury or fact-finder.

When a piece of evidence is objected to, the judge must rule on the objection and may exclude, admit, or limit the evidence. The judge also decides preliminary fact questions that affect admissibility, such as whether a statement qualifies as hearsay or whether a document is authentic.

Key Term: Preliminary Fact A fact that must be established before evidence is admissible, as determined by the judge or, in some cases, the jury.

If the relevance of evidence depends on the existence of a fact, the judge admits the evidence conditionally, and the jury decides whether the fact exists.

The Jury’s Role: Weight, Credibility, and Fact-Finding

Once evidence is admitted, the jury is responsible for determining its weight and credibility. The jury decides what facts are proven, how much weight to give each piece of evidence, and whether witnesses are believable.

Key Term: Weight of Evidence The jury’s assessment of the persuasiveness and importance of admitted evidence in deciding the facts.

The jury is not concerned with the technical admissibility of evidence, but with its truthfulness and significance. The judge may instruct the jury on how to consider certain evidence, especially if it is admitted for a limited purpose.

Judicial Notice and Limiting Instructions

The judge may take judicial notice of certain facts, instructing the jury that the fact is established (in civil cases) or may be accepted as established (in criminal cases).

Key Term: Judicial Notice The judge’s recognition of a fact as true without requiring formal proof, binding on the jury in civil cases.

If evidence is admissible for one purpose but not another, the judge must, upon request, instruct the jury to consider the evidence only for the permitted purpose.

Objections and Offers of Proof

When a party objects to evidence, the judge must rule on the objection. If evidence is excluded, the party may make an offer of proof outside the jury’s hearing to preserve the issue for appeal.

Key Term: Offer of Proof A statement by counsel, outside the jury’s presence, explaining what excluded evidence would have shown, used to preserve error for appeal.

Worked Example 1.1

During a criminal trial, the prosecution seeks to introduce a confession. The defense objects, claiming the confession was involuntary. Who decides if the confession is admissible, and who decides whether the confession is credible?

Answer: The judge decides if the confession is admissible by determining whether it was voluntary. If admitted, the jury decides how much weight to give the confession and whether it is credible.

Worked Example 1.2

A party offers a contract into evidence. The opposing party claims the signature is forged. Who determines if the contract is authentic, and who decides if the contract proves the existence of an agreement?

Answer: The judge decides if there is sufficient evidence of authenticity to admit the contract. The jury then decides whether the contract is genuine and whether it proves the existence of an agreement.

Exam Warning

On the MBE, do not confuse the judge’s role in ruling on admissibility with the jury’s role in deciding what facts are proven. The judge never decides the ultimate facts in a jury trial.

Revision Tip

If a question asks who decides the credibility of a witness or the weight of evidence, the answer is always the jury (unless it is a bench trial).

Key Point Checklist

This article has covered the following key knowledge points:

• The judge decides all questions of law, including admissibility of evidence and preliminary fact questions affecting admissibility.
• The jury decides the weight, credibility, and persuasiveness of admitted evidence and witnesses.
• The judge rules on objections and may give limiting instructions to the jury.
• Judicial notice is binding on the jury in civil cases and may be accepted in criminal cases.
• Offers of proof preserve error for appeal when evidence is excluded.

Key Terms and Concepts

• Admissibility
• Preliminary Fact
• Weight of Evidence
• Judicial Notice
• Offer of Proof