Multistate Bar Examination Practice Question

During a federal trial for fraud, the judge decides to exclude certain financial records presented by the prosecution, arguing they were obtained improperly. The defense contends that the judge should have allowed the jury to assess the relevance of these records. Which statement best describes the scope of review for the judge and jury in this scenario?

  • The judge can admit evidence, but the jury has the final say on its relevance.

  • The jury can decide to admit or exclude evidence if the judge excludes it initially.

  • Both the judge and the jury must agree on whether evidence is admissible.

  • The judge rules on the admissibility of evidence, while the jury determines the facts of the case.

Multistate Bar Examination
Civil Procedure
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