What can the court determine in a determination of questions before trial?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

The court's ability to determine a specific issue before trial is an important aspect of the pre-trial process. This mechanism, often referred to as a pre-trial motion or hearing, allows the court to resolve particular legal or factual issues that could facilitate a more efficient trial. By addressing these issues in advance, the court can clarify points of law, determine what evidence may be admissible, or decide on the application of certain legal standards.

This determination can aid in narrowing the focus of the trial, allowing parties to prepare more effectively and potentially encouraging settlement if the outcome of these issues is likely to influence the case. In contrast, other options like all factual disputes, the eligibility of witnesses, or jury composition encompass broader aspects that may not be within the court’s purview to resolve before the trial, as they involve considerations that typically unfold during the trial itself. Thus, the court’s power to determine a specific issue prior to trial is both purposeful and beneficial for the judicial process.

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