evidence uworld

Question 1

Federal Rule of Evidence (FRE) 408 is an exclusionary rule designed to encourage compromise and settlement of disputes. As a result, the following evidence is not admissible to prove/disprove the validity or amount of a disputed claim OR to impeach a party’s testimony with a prior inconsistent statement:

Answer 1

Offers of compromise made with the intent to avoid or settle the claim
Conduct or statements made during compromise or settlement negotiations
However, this rule does not apply to evidence created for reasons other than settlement. As a result, a party cannot immunize evidence from admission merely by producing it during settlement negotiations. Accordingly, evidence created for nonsettlement reasons is admissible so long as it is not barred by another rule (eg, the rule against hearsay).