Except as otherwise provided by law, where the trial is by jury:

(a) All questions of fact are to be decided by the jury.

Terms Used In California Evidence Code 312

  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Law: includes constitutional, statutory, and decisional law. See California Evidence Code 160
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(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.

(Enacted by Stats. 1965, Ch. 299.)