Policy Exclusions Flashcards
Subsequent remedial mesures
FRE 407
fixing or otherwise taking remedial steps AFTER an injury or accident occurs may be considered to tacit admissions of guilt
- barred to show negligence, culpability
- ok for impeachment
- ok to show control, feasibility, if disputed
- acts by 3rd parties NOT protected
- included manufacture or design defect
- CA: not avialble in product liability cases
Offers to Comprimise
FRE 408
rule: statments made in settlement negotiations cannot be used to porve the validity or invalidity of claims
- claims must be disputed regarding validity/amount
- not admissible if offered for another purpose (bias, undue dealy, obstructing proesecution, invesitgation)
- precludes statemnets made during settlement negotiations but not facts learning during negotationas
- cannot be used to impeach testimony
- CA: can be used to impeach unless made in mediation
Offers/Payment of medical Bills
FRE 409
- no need for dispute regarding claim/amount
- only offer itself is protected not realted statements
- CA: statments of sympathy protected
Plea negotaitions/withdrawn pleas
FRE 410
cant bring statements made in attempt of a plea bargain
- excludes
- plea of guildty, later withdraw
- plea of nolo
- statements made in ple negotiations
- no use for impeachment
- only statements to prosecutors protected
CA differences
- nolo works for non-felonies only
- any statements amde in a bonafied plea negotioations cant be used for susbtative evidence or impeachment
- may use statments for impachment
- Prop 8 would eliminate enterirely but not cour has helf
Liability Insurance
Evidence that a perosn was or was not insured against liability inst admissible to prove whether the person acted negligencly or otherwise wrongfully. But the court may let in the evidence for another puseose such as proving a witness bais or preunjice or proveing agency, ownership or control
