Evidence > Relevance and Policy Exclusions Flashcards
Evidence that a plaintiff has filed similar tort claims in the past generally is admissible to show __________.
that the present claim is false, where the prior claims were also false.
If evidence is introduced that the party has made previous similar false claims, such evidence is usually relevant under what theory?
If evidence is introduced that the party has made previous similar false claims, such evidence is usually relevant, under a common scheme or plan theory, to prove that the present claim is likely to be false.
Is evidence of a plaintiff’s prior similar tort claims to show that the plaintiff is accident-prone or litigious generally admissible? Why or why not?
Evidence of a plaintiff’s prior similar tort claims to show that the plaintiff is accident-prone or litigious generally is not admissible because the probative value is outweighed by the risk of confusion of issues and undue prejudice.
Is evidence of similar accidents or injuries caused by the same event or condition admissible to prove the defendant’s carelessness or any other character trait?
No. Character evidence is admissible in civil cases only when directly at issue in the case (e.g., defamation, negligent hiring claims).
Where similar accidents or injuries were caused by the same event or condition, for what purpose is evidence of those prior accidents or injuries is admissible?
Where similar accidents or injuries were caused by the same event or condition, evidence of those prior accidents or injuries is admissible to prove that a defect or dangerous condition existed, that the defendant had knowledge of the defect or dangerous condition, and that the defect or dangerous condition was the cause of the present injury.
Under the Federal Rules, admissions of fact made in the course of settlement negotiations are often inadmissible.
In order for this rule to apply:
There must be some indication that a party is going to make a claim when the admission is made. There must be an indication that a party will make a claim for admissions of fact made in compromise negotiations to be excluded. However, the filing of a lawsuit is not a prerequisite.
Is every statement made in the course of settlement negotiations inadmissible?
No. Rule 408 does not protect preexisting information simply because it is presented to one’s opponent during compromise negotiations; e.g., one may not immunize otherwise admissible information under the guise of disclosing it during compromise negotiations.
Under the Federal Rules, is a criminal defendant’s withdrawn guilty plea ever admissible as evidence?
No. Under the Federal Rules, withdrawn guilty pleas are never admissible against the criminal defendant who made the withdrawn plea. This is true in both criminal cases and civil cases. The rationale for this rule is that the evidentiary value of a withdrawn guilty plea (e.g., defendant’s admission of guilt) is deemed offset by the prejudicial effect of the evidence.
Is evidence of subsequent repairs to a product admissible to prove he existence of a defect in the product or its design?
No. Evidence of repairs or other precautionary measures made following an injury is inadmissible to prove a defect in a product or its design. Such evidence is also inadmissible to prove negligence, culpable conduct, or a need for a warning or instruction.
For what purposes is evidence of subsequent repairs to a product admissible?
Evidence of subsequent repairs may be admitted to prove: 1) the opposing party has destroyed evidence
2) the opposing party’s ownership or control of the product
3) the feasibility of repairs when such feasibility is disputed
For what purposes is evidence of a party’s liability insurance admissible?
Where ownership or control is disputed, evidence that the defendant had liability insurance is admissible to prove ownership or control.
Liability insurance is admissible when used for the limited purpose of impeaching a witness (e.g., for bias).
However, where offered to show the insured’s ability to pay a substantial judgment, evidence of liability insurance is inadmissible.
Is evidence that a party offered to pay (or paid) the injured party’s medical expenses admissible to prove liability for the injury?
No.
If a party admits liability and the amount of liability in compromise negotiations, are such admissions admissible?
Yes. If a party admits liability and the amount of liability in compromise negotiations, the claim is not disputed as to validity or amount. Thus, admissions of fact in such compromise negotiations are admissible.
If there is a dispute regarding liability or the amount of liability is an admission of fact during settlement negotiations admissible?
No. If the claim is disputed, the general prohibition on the admission of settlement negotiations prevails and admissions of fact are not subsequently admissible.
