Public Policy Exceptions

Question 1

The Federal rules of evidence excludes evidence of

Answer 1

Offers to compromise and statements made during compromise negotiations

Question 2

The Virginia rules of evidence excludes the offer of compromise itself but not

Answer 2

“an express admission of liability, or an admission of independent fact even if made during settlement negotiations

(this only applies to disputed claims)

Question 3

In Virgina, in any Criminal prosecution alleging personal injury or death, or the attempt of cause personal injury or death can result in

Answer 3

The admission of Relevant evidence of repeated physical and psychological abuse of the accused by the victim “shall be admissible subject to the general rules of evidence”

Question 4

The Federal rules of evidence provides that a plea of nolo contendre is

Answer 4

Inadmissible in a subsequent civil or criminal case against the person who made the plea

Question 5

The Virginia rules of evidence provide that a nolo contendre plea is

Answer 5

Admissible in a subsequent civil case arising from the same occurrence

(if D appeals nolo plea in GDC to circuit, then its not admissible because nolo plea is wiped clean under De Novo review)

Question 6

A nolo plea is not an admission of fact and does not give rise to estoppel

Answer 6

So a P cannot file a motion for MSJ in the new civil suit based on the nolo plea, its not an admission of the underlying facts

Question 7

In Criminal cases, the Federal rules of evidence allow evidence of other sexual assaults

Answer 7

committed by the D to prove any relevant matter

Question 8

In Criminal cases for sexual assault, the Virgina rules of evidence only allows evidence

Answer 8

1) Of a defendant’s prior convictions of a sexual offense in

2) In felony sexual offenses involving a child victim