The determination of such laws shall be made by the court and not by the jury, and shall be reviewable.
§ 25-12,103.Ruling reviewable.
Article 12: Evidence and Witnesses · Last amended 1947 · Last verified July 22, 2026
In one sentenceThis section assigns the determination of another jurisdiction’s common law or statutes to the court rather than the jury, and it makes that determination reviewable on appeal.
Full Text of § 25-12,103
Source
Laws 1947, c. 93, § 3, p. 273.
Plain-English Summary
Once a Nebraska court takes judicial notice of another jurisdiction’s law, someone still has to decide what that law means and how it applies. Section 25-12,103 settles who: the determination of those laws is made by the court, not the jury. Foreign law, in other words, is treated as a legal question for the judge rather than a factual question for the jury to weigh.
That determination is not the end of the matter. The section makes it reviewable, so a party who disagrees with how the trial court read or applied another jurisdiction’s law can raise that question on appeal, the same as any other ruling of law.
Frequently Asked Questions
Who decides what another state’s law means under this section, the judge or the jury?
The court, not the jury.
Can a party appeal the court’s determination of foreign law?
Yes, the section makes the determination reviewable.
Why does it matter that this is a legal determination rather than a factual one?
It keeps the question with the judge and preserves the normal path of appellate review that applies to rulings of law.
Does this section apply only after the court has taken judicial notice under section 25-12,101?
Yes, it governs how the noticed law is then determined and applied in the case.
Does the jury play any role in deciding what foreign law says?
No, that role belongs to the court alone.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
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