Public Policy Considerations

Question 1

For what purpose is evidence of liability insurance NOT admissible?

Answer 1

To prove or disprove negligence or wrongdoing

Question 2

For what purpose is evidence of insurance admissible?

Answer 2

To prove ownership of a particular piece of property

Question 3

For what purpose is evidence of subsequent remedial measures NOT admissible?

Answer 3

Evidence of repairs or changes made after an injury is not admissible to prove negligence, culpable conduct, defective product or design, or an inadequate warning

Question 4

For what purposes is evidence of subsequent remedial measures admissible?

Answer 4

To prove ownership or control over proeprty, or to prove feasibility of a safety fature if disputed

Question 5

Offers to pay medical expenses

Answer 5

Inadmissible, but statements made accompanying the payment or offer to pay are admissible

Question 6

For what purpose and under what circumstances is a settlement offer NOT admissible?

Answer 6

Settlement offer or statements made during the course of a settlement offer are not admissible to prove liability for, invalidity of, or the amount of a disputed claim

• Neither party may disclose the statements
• Not admissible as a prior inconsistent statement to impeach

Question 7

For what purposes is evidence of an offer to settle a case admissible?

Answer 7

Admissible to show bias of a witness, to negate a claim of undue delay, or to prove obstruction of a criminal investigation or prosecution

Question 8

Can a person who made a settlement offer waive the exclusion and offer his own statement?

Answer 8

No.

Question 9

Plea negotiations

Answer 9

Withdrawn guilty pleas, offers to plead guilty, statements made negotiating a plea are not admissible in any proceeding

Question 10

Under what circumstances will statements made during plea bargain negotiations be admissible?

Answer 10

If D introduces statements made during plea negotiations he opens the door for prosecution to introduce other statements that ought in fairness be considered alongside it

Question 11

Past sexual conduct of victims

Answer 11

Evidence of a victim’s past sexual behavior or claimed sexual predisposition is generally not admissible in any criminal case involving sexual assault

Question 12

When will evidence of a victim’s past sexual behavior be admissible in a criminal case?

Answer 12

1. To explain the source of semen or injury
2. To show the victim’s past sexual conduct with that D to prove consent;
3. When the constitutional rts of D rq admission of the evidence

Question 13

When will evidence of a victim’s past sexual behavior be admissible in a civil case?

Answer 13

Evidence of victim’s past sexual predisposition is admissible if its probative value substantially outweighs the danger of harm to any victim or unfair prejudice to any party
Evidence of reputaiton is admissible only when placed at issue by victim

Question 14

Under what circumstances will evidence of a defendant’s prior commission of sexual assault or child molestation be admissible in federal court?

Answer 14

Evidence of a prior commission of sexual assualt or child molestation is admissible

• in a criminal or civil case
• in which D is accused of committing an act of sexual assault or child molestation, and
• evidence is admissible to prove any matter to which it is relevant