12. Policy Exclusions Flashcards
What is the purpose of excluding relevant evidence based on policy?
Public policy favours the behaviour involved under the Federal Rules
For what purposes may evidence of liability insurance be excluded?
Negligence
Ability to pay substantial judgment
For what purposes may evidence of liability insurance be admissible?
Ownership/control (in dispute)
Impeachment
Part of admission re liability insurance
For what purposes may evidence of subsequent repairs/precautionary measures be excluded?
Negligence
Culpable conduct
Defect in product/design
Need for warning/instruction
For what purposes may evidence of subsequent repairs/precautionary measures be admissible?
Ownership/Control
Rebut claim that precautionary measure was not feasible (in dispute)
Destruction of evidence
For what purposes may evidence of settlement offers be excluded?
Validity/Amount
- In dispute (lawsuit already filed)
- Attempted to claim in dispute
Impeachment
- Prior inconsistent statements
- Contradictory facts
Admission of fact
For what purposes may evidence of settlement offers be admissible?
CIVIL dispute with governmental agency
- Evidence offered in CRIMINAL case
For what purposes may evidence of payment of medical expenses be excluded?
Liability for injury
For what purposes may evidence of payment of medical expenses be admissible?
Admission of fact
What type of guilty pleas are not admissible?
Withdrawn guilty plea
Offer to plead guilty
Statements made during plea negotiations
Plea of nolo contendre
When may guily pleas be admissible?
Acceptance
Waiver
1) Knowingly
2) Voluntarily
For what purposes may evidence of victim’s past sexual misconduct be admissible?
Criminal case
- Prove D is NOT source of semen/injury
- Prove consent (based on previous sexual encounters between D + victim)
Civil case
- Probative value > Prejudicial effect on victim
- Victim’s reputation (placed in controversy)
