Exceptions to Relevance Flashcards
Subsequent Remedial Measures CEC 1151
When after the occurrence of an event, remedial or precautionary measures are taken, which, if taken previously, would have tended to make the event less likely to occur, evidence of such subsequent measures is inadmissible to prove negligible or culpable conduct in connection with the event. If a third party, not connected to the defendant, made subsequent remedial measures, and the measures are relevant, the measures are not barred. CEC bars subsequent remedial measures in negligence cases, but not in strict liability cases. Admissible for purposes of impeachment, proving ownership, control, or feasibility.
Settlement Negotiations CEC 1152
Compromise and furnishing, promising or offering to compromise are inadmissible to (1) show a statement was made in an effort to settle his claim; (2) to prove/disprove the validity of the amount of a disputed claim. Exceptions: Admissible for another purpose such as proving W’s bias, prejudice, negating a contention of undue delay, or proving an effort to obstruct a criminal investigation. N/A to CA criminal cases. Under CEC, impeachment by prior inconsistent statements are allowed.
Sympathy CEC 1160
Expression of sympathy relating to pain, suffering, or death, made to a person or their family is NOT admissible in a civil case to prove liability BUT a statement of FAULT is admissible.
Plea Negotiations CEC 1153
Evidence of a plea of guilty, later withdrawn, or of an offer to plead guilty to the crime charged or to any other crime, made by the defendant in a criminal action is inadmissible in ANY action or in any proceeding of any nature, including proceedings before agencies, commissions, boards, and tribunals. Plea negotiations must be bona fide. CA excludes statements made to Police Officers IF made in court of bona fide plea negotiations. MAY be used for impeachment purposes. MAY NOT be used by ANY party including D. Prop 8 should apply but no court has held this when it comes to plea negotiations.
Liability Insurance CEC 1155
Evidence that a person WAS insured (wholly or partially) against liability is not admissible to prove negligence or other wrongdoing but may be admitted for other purposes such as ownership, control, bias.
