LEGAL RELEVANCY

Question 1

Subsequent Remedial Measures

Answer 1

Evidence of subsequent remedial measures is not admissible to prove negligence, culpable conduct, design defect, or the need for a warning

Exception:
Can be used during impeachment to show ownership and control

Question 2

Compromise and Offers to Settle

Answer 2

Evidence of offer to settle a claim which is disputed as to validity or amount is inadmissible to prove liability.

Evidence is also inadmissible as a prior inconsistent statement for impeachment purposes.

Exception:
Admissible to show bias or prejudice

Question 3

Payment of Medical and Similar Expenses

Answer 3

Evidence of offering to pay medical (hospital or similar) bills is inadmissible to prove liability for an injury.

Question 4

Distinction between Offer to Settle and Offer to Pay Medical Bills

Answer 4

Settle - Dispute is required, and admissions are not admissible

Meds - Dispute is not required, admissions severed and admissible

Question 5

Inadmissibility of Pleas, Plea Discussions and Related Statements

Answer 5

Plea and any statements made during plea negotiations by a defendant to a prosecutor in a criminal proceeding will be inadmissible against the defendant in a later proceeding.

Question 6

Liability Insurance

Answer 6

Evidence that a person was or was not insured is inadmissible to prove negligence or fault

Exceptions:

1. Proof of Agency
2. Ownership or control
3. Bias or prejudice of witness

Question 7

Sexual Conduct of Victim

Answer 7

Rape Shield law - A rule of exclusion in which evidence that shows the alleged victim’s sexual behaviors or disposition is excluded

Exceptions: In criminal cases specific acts are admissible to show:

1. Consent
2. Source of semen, injury, or other physical evidence
3. Evidence thats constitutionally required

In civil case, this evidence is admissible only if the probative value substantially outweighs the danger of harm to victim and unfair prejudice to any party.

Question 8

Evidence of Similar Crimes in Sexual Assault and Child Molestation cases

Answer 8

Sexual Predator rule - In criminal case in which the defendant is accused of child molestation or sexual assault, specific acts by the defendant are admissible and may be considered as they bear on any relevant matter (including propensity, likehilood, and disposition to commit sex offenses. (reputation and option are not permitted methods.