Chapter 6- Other Exclusions Of Relevant Evidence

Question 1

Rule 407

Answer 1

SUBSEQUENT REMEDIAL MEASURES
When measures are taken that would have made an earlier injury of harm less likely to occur, evidence of the subsequent measures is not admissible to prove: negligence, culpable conduct, a defect in a protect of design, a need for a warning
But the court may admit this evidence for another purpose, such as impeachment or proving ownership, control, or feasibility

Question 2

Rule 408 A1

Answer 2

COMPROMISE OFFERS AND NEGOTIATIONS
A- prohibited uses
Evidence of the following is not admissible, on behalf of any party, either to prove or disprove the validity or amount of disputed claim or to impeach by a prior inconsistent statement:

Question 3

408 B

Answer 3

COMPROMISE OFFERS AND NEGOTIATIONS
B- exceptions
The court may admit this evidence for another purpose, such as proving a witness’s bias or prejudice, negating a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution

Question 4

Rule 409

Answer 4

OFFERS TO PAY MEDICAL AND SIMILAR EXPENSES

evidence of furnishing, promising to pay, or offering to pay medical, hospital or similar expenses resulting from an injury is not admissible to prove liability for the jury

Question 5

Rule 410 A(1-4)

Answer 5

PLEAS, PLEA DISCUSSIONS AND RELATED STATEMENTS
A- prohibited uses
In a civil or criminal case, evidence of the following is not admissible against the defendant who made the plea or participated in the plea discussion;
1- a guilty plea that was later withdrawn
2- a nolo contenders plea
3 a statement made during a proceeding
4- a statement made during a plea discussion

Question 6

Rule 410 B

Answer 6

PLEAS PLEA DISCUSSIONS AND RELATED STATEMENTS
B- exceptions
The court may admit a statement described in rule 410(a)(3) or (4):
1- in any proceeding in which another statement made during the same plea has been introduced; if in fairness the statements ought to be considered together or
2- in a criminal proceeding for perjury or false statement, if the defendant made the statement under oath.

Question 7

Rule 411

Answer 7

LIABILITY INSURANCE
Evidence that a person was or was not insured against liability is not admissible to prove whether the person acted negligently or otherwise wrongfully. But the court may admit this evidence for another person, such as proving a witness’s bias or prejudice or proving agency, ownership or control