New Hampshire Instruction to Jury as to Evidence of Conversion

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A jury instruction is the judge's oral explanation of the law governing a case. Jury instructions are given after the attorneys have presented all the evidence and have made final arguments, but before the jury begins deliberations. Improper explanations of the law to be applied in jury instructions are often the basis for later appeals.

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FAQ

401. Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action.

To that end, under Federal Rule of Evidence 104(a), a trial court must determine ?whether the expert is proposing to testify to (1) scientific knowledge that (2) will assist the trier of fact to understand or determine a fact in issue.? Specifically, the trial court must make a ?preliminary assessment? of whether the ...

Rule 104. In so deciding, the court is not bound by evidence rules, except those on privilege. (b) Relevance That Depends on a Fact. When the relevance of evidence depends on whether a fact exists, proof must be introduced sufficient to support a finding that the fact does exist.

Put another way, a judge making a 104(b) ruling may only consider evidence that is or will be admitted. A judge making a 104(a) decision may consider any evidence?whether or not it is or will be admitted.

If the court admits evidence that is admissible against a party or for a purpose ? but not against another party or for another purpose ? the court, on timely request, must restrict the evidence to its proper scope and instruct the jury ingly.

Impeachment by Evidence of A Criminal Conviction. (2) for any crime regardless of the punishment, the evidence must be admitted if the court can readily determine that establishing the elements of the crime required proving - or the witness's admitting - a dishonest act or false statement.

(a) the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue; (b) the testimony is based on sufficient facts or data; (c) the testimony is the product of reliable principles and methods; and (d) the expert has reliably ...

(a) Except as constitutionally required, and then only in the manner provided in (b), below, evidence of prior consensual sexual activity between the victim and any person other than the defendant shall not be admitted into evidence in any prosecution or in any pretrial discovery proceeding undertaken in anticipation ...

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New Hampshire Instruction to Jury as to Evidence of Conversion