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1. The admissibility of the note as a dying declaration is
In a prosecution of the defendant for murder, the government seeks to introduce a properly authenticated note written by the victim that reads: «[the defendant] did it.» In laying the foundation for admitting the note as a dying declaration, the prosecution offered an affidavit from the attending physician that the victim knew she was about to die when she wrote the note.
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A is incorrect. This answer is only partially correct. The judge must determine the preliminary admissibility of the note, but he is permitted to consider the affidavit even if it were hearsay.
C is incorrect. The determination of whether to admit evidence that falls within an exception to the hearsay rule, including a dying declaration, is for the judge to rule on, and the judge may consider affidavits and/or hearsay.
D is incorrect. As explained above, the note's admissibility is a preliminary question for the judge, not the jury. Furthermore, the judge may properly consider the affidavit.