Public Policy Exclusions Flashcards
What is a public policy exclusion?
Certain evidence is excluded because we want people to behave in ways that are favored in public policy.
What are the public policy exclusions?
Liability insurance
Subsequent remedial measures
Civil settlements & negotiations
Plea discussions
Offers to pay medical expenses
Is liability insurance admissible?
NO, not to show that either party acted negligently or wrongfully
When can liability insurance be admissible?
To prove ownership or control, to impeach a witness by showing bias, part of admission of liability (don’t worry, my insurance will pay it off)
What are subsequent remedial measures?
Evidence of repairs made after an injury
Are subsequent remedial measures admissible?
No - not to show negligence, culpable conduct, or a defect in product or design, or a need for a warning
When can subsequent remedial measures be admissible?
To prove ownership or control, to rebut a claim that precaution was not feasible, to prove that the opposing party destroyed evidence
Is evidence of a settlement or offer to settle (civil claims) admissible?
Not to:
(1) Prove or disprove the validity or amount of a disputed claim or
(2) To impeach a witness by prior inconsistent statement or contradiction
What is required for the exclusion of civil settlement rule to kick in?
An actual disputed claim or indication that a party was going to make a claim (even if party didn’t file suit). The claim must be in dispute as to (1) liability or (2) fault
What is the exception to the rule excluding civil settlement negotiations?
Conduct or statements made during compromise negotiations regarding a CIVIL dispute with governmental authority ARE NOT EXCLUDED when offered in a criminal case. ex., D’s admission in settlement negotiations with SEC would be admissible against D in related criminal trial
Are plea discussions admissible?
No - offers to plead guilty, withdrawn guilty pleas, actual pleas of no contest, or statements of fact made during any of the above plea discussions are inadmissible
Are payments or offers to pay medical expenses admissible?
NO - inadmissible to prove liability for the injury
Is “I’ll pay for your hospital bills. I’m sorry I ran the red light” admissible?
“I’ll pay for your hospital bills” is INADMISSIBLE but “I’m sorry I ran the red light” is ADMISSIBLE because accompanying statements to offer to pay medical expenses are admissible (but watch for offers to settle “… if you drop the case” because then accompanying statements are inadmissible)
