Privileges and Policy Exclusions

Question 1

When is evidence of a subsequent remedial measure admissible?

Answer 1

1. to resolve a dispute about the feasability of precautionary measures
2. impeach a witness,
   or
3. prove ownership or control

Evidence of sub. remedial measures is inadmissable to prove neg, or other culpable conduct.

Question 2

What is the psychologist patient privilege and who holds the privilege?

Answer 2

Protects confidential communications between the parties, during the course of treatment of diagnosis.

The privilege belongs to the patient but must asserted by the psychotherapist in the patients absence

Question 3

What is the Gov. Informant Privilege

Answer 3

Generally allows, the gov. to withhold the idnetity of a confidential informant.

However, the privilege does not preclude diclosue of the content of the communication provided by an informant if its diclosure will not reveal the informants identity.

Question 4

When is evidence of subsequent remeidial meassures admissable?

Answer 4

evidence is not admissible to prove negligence or other culpable conduct.

But such evidence is admissible for other purposes - eg, impeachment, ownership/control, or proving the feasability of precautionary measures.

Question 5

When are compromise offers and negotiations inadmissible?

Answer 5

They are inadmissible when offered to 1. prove or disprove the validity or amount of a disputed claim, or
2. impeach by a prior inconsistent statement or contradiction.