Exclusionary rules

Question 1

Subsequent remedial measures

Answer 1

NOT admissible to prove negligence or liability

Admissible for other purposes (such as control, ownership, feasibility of precautionary measures)

Does NOT apply to

• measure taken before injury
• measure taken by 3rd party not associated w/ party against whom evidence is introduced

Question 2

offers of compromise

Answer 2

during settlement negotiations

NOT admissible to

• impeach
• prove validity or amount of disputed claim
• liability (if claim is in dispute)

Exception: criminal defendants statements during gov investigation or proceeding (the actual offer/acceptance of compromise still inadmissible)

Question 3

payment of medical expenses

Answer 3

Excludes only the payment

Does NOT exclude statements made when paying
-exception: if offer to pay /statements made during settlement discussions (then they are excluded)

NOT admissible to prove liability (but admissible for other purposes)

Question 4

insurance info

Answer 4

evidence persons did/didn’t have insurance not admissible

NOT admissible to prove negligence or wrongdoing

Admissible for other purposes: bias, agency, ownership, control, etc.

Question 5

statements during plea negotiations

Answer 5

Excluded:

• statements made to prosecutor (not police) re: plea negotiations
• pleas later withdrawn
• nolo contendere pleas
• plea proceedings in which plea not yet entered

NOT excluded

• plea entered -> party admission
• another statement made during same plea discussions has been introduced and they ought to be considered together
• perjury prosecution

Question 6

Prior sexual conduct of victim

Answer 6

Excluded: Evidence of V’s sexual behavior, predisposition, reputation

NOT excluded:

Criminal case

• constitutionally required (pattern of false accusations)
• to prove source of injury/semen
• past behavior w/D to prove consent

Civil case

• If otherwise admissible AND probativeness substantially outweighs unfair prejudice or danger of harm to victim (reverse 403)
• Evidence of V’s reputation if it has been placed in controversy by V

Question 7

Judge testimony

Answer 7

presiding judge can’t testify

Question 8

Juror testimony

Answer 8

Cannot testify re: internal jury deliberations
-what they said during deliberations, mental instability, impairments

Can testify to external matters:

• extraneous info and outside influences
• mistake on forms
• statement exhibiting overt racial bias