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Jury Instruction 4 4 1 Rule 10b 5a Device, Scheme or Artifice to Defraud Insider Trading Form

Jury Instruction 4 4 1 Rule 10b 5a Device, Scheme or Artifice to Defraud Insider Trading Form

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this video is on the functions of judge and jury as governed by rule 104a and 104b on pages 406 to 411 of your textbook the question that we'll be looking at is who gets to decide whether the requirements of an evidence rule have been met is it the judge or the jury not surprisingly it's usually the judge who gets to decide whether the evidence is admissible or or put differently whether the requirements of the relevant evidence rule have been met in doing so the judge uses the preponderance of the evidence standard to determine whether the rule has been met in making this decision the rule specifies that the judge may consider any evidence including evidence that is not necessarily admissible at trial in a few situations however the jury gets to decide whether the evidence is admissible in the sense that it meets the requirements of the governing rule the judge still plays a role however when 104b applies the judge plays a screening role here making sure that a reasona

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