SECTIONS 310-312 - California Statutes

EVIDENCE CODE

SECTION 310-312

310. (a) All questions of law (including but not limited to
questions concerning the construction of statutes and other writings,
the admissibility of evidence, and other rules of evidence) are to
be decided by the court. Determination of issues of fact preliminary
to the admission of evidence are to be decided by the court as
provided in Article 2 (commencing with Section 400) of Chapter 4.
(b) Determination of the law of an organization of nations or of
the law of a foreign nation or a public entity in a foreign nation is
a question of law to be determined in the manner provided in
Division 4 (commencing with Section 450).

311. If the law of an organization of nations, a foreign nation or
a state other than this state, or a public entity in a foreign nation
or a state other than this state, is applicable and such law cannot
be determined, the court may, as the ends of justice require, either:
(a) Apply the law of this state if the court can do so
consistently with the Constitution of the United States and the
Constitution of this state; or
(b) Dismiss the action without prejudice or, in the case of a
reviewing court, remand the case to the trial court with directions
to dismiss the action without prejudice.

312. Except as otherwise provided by law, where the trial is by
jury:
(a) All questions of fact are to be decided by the jury.
(b) Subject to the control of the court, the jury is to determine
the effect and value of the evidence addressed to it, including the
credibility of witnesses and hearsay declarants.