Habit/Routine, Subsequent Remedial Measures, Offers of compromise, Payment of Medical Expenses, Liability Insurance

Question 1

E - Habit/Routine - Concepts

Answer 1

• Habit: regular automatic behaviour w/o premeditation or advance thought / Semiautomatic response.
  
  • Test: would you have acted different if stimulus removed?
  • “always”, “regularly” enough to indicate habit
  • “often”, frequently”, “sometimes” NOT enough for habit
• Routine practice: practices established by procedure

Question 2

E - Habit/Routine - Gral Rule of Admisibility

Answer 2

ADMISSIBLE as E of conformity particular set of circumstances corroborated or not by eye W

Question 3

E - Habit/Routine - Methods of proof (2)

Answer 3

1. Opinion testimony
2. Show of specific instances of conduct IF they are sufficient in number and frequency

Question 4

E - Subsequent Remedial Measure - Concept

Answer 4

Action taken after accident/event to avoid or diminish chances of future injury or harm

Question 5

E - Subsequent Remedial Measure - Gral Rule

Answer 5

E of measure is INADMISSIBLE to show N or culpability in relation to original event or product

• i.e. product liaiblity and decision to redesign

Question 6

E - Subsequent Remedial Measure - Exceptions to gral rule of inadmissibility (3)

Answer 6

When used as E for narrower purposes:

1. To prove disputed ownership/control of asset
2. To prove feasability of precautionary measure when their success is in controversy (and no tendecy to prove N)
3. For impeachmenet

Question 7

E - Settlement Negotiations - Gral Rule

Answer 7

• INADMISSIBLE to prove validity of claim, culpability or liability
• For both:
  
  • Civil: includes offer, nogotiation or agreement itself
  • Criminal: includes discussion, negottiation for settlements or non-contendere and statement to prosecutors

Question 8

E - Settlement Negotiations - Civil Procedure Rules,exceptions (2)

Answer 8

Gral rule: Inadmissible

• Compromise Exception to:
  
  1. Show bias or prejudice
  2. Negate accusation of unduly delay

Question 9

E - Settlement Negotiations - Civil Procedure - “No severance Rule”

Answer 9

• Statements of culpability cannot be severed from offer to avoid gral Inadmissibility Rule
• i.e. car crash, A says to B: “its my fault, let me pay”, B as P cannot severe 2nd part. Both parts are excluded.

Question 10

E - Settlement Negotiations - Civil Procedure - “No severance Rule” - Exception

Answer 10

When offer to pay medical expenses

Question 11

E - Settlement Negotiations - Criminal Procedure - Rules, test

Answer 11

Gral rule: INADMISSIBLE

• Test: Did D subjecitvely believes he was engaged in plea negotiation? Was belief reasonable?

Question 12

E - Settlement Negotiations - Criminal Procedure - Exception to inadmissibility

Answer 12

ADMISSIBLE when to prove perjury or false statement made under oath, on the recrod, in front of counsel

Question 13

E - Payment of Medical Expenses - Gral Rule

Answer 13

• Payment/furnish/offer to furnish medical expenses of injury

INADMISSIBLE to prove liability for injury UNLESS offer it is purely gratituous (inad if subject to condition)

Question 14

E - Liaiblity Insurance - Gral Rule

Answer 14

Insurance or lach thereof is INADMISSIBLE as E to proveliaiblity for N, contract N, worngful conduct

Question 15

E - Liaiblity Insurance - Exception to inadmissibility

Answer 15

IF used for purposes different than proving liaiblity

• i.e. proof of agency, ownership, control, bias, prejudice of W