Public Policy Exclusions

Question 1

evidence of a party’s insurance against liability (or lack thereof) is NOT admissible to show WHAT?

Answer 1

to prove fault or lack of fault

Question 2

for what purposes may a party’s insurance be admissible? (3 options)

Answer 2

1) to prove ownership or control (if disputed),
2) to impeach a witness
3) as part of an admission of liability where the reference to insurance CANNOT be severed from the statement without lessening its probative value as an admission (ie– “don’t worry, my insurance will pay it off”)

Question 3

evidence of repairs or other precautionary measures made following an injury is NOT admissible to show WHAT? (4 purposes)

Answer 3

to prove:
1) negligence,
2) culpable conduct,
3) defect in a product/design, or
4) need for a warning

Question 4

for what purposes may evidence of subsequent remedial measures be admissible? (3 options)

Answer 4

1) to prove ownership or control (if disputed)
2) to rebut a claim that the precaution was NOT feasible, or
3) to prove that the opposing party has destroyed evidence

Question 5

evidence of a compromise or settlement (or an offer to settle) are NOT admissible to show WHAT?

Answer 5

1) to prove or disprove the validity or amount of a disputed claim, or
2) to impeach a witness by prior inconsistent statement or contradiction

Question 6

true or false: evidence of a compromise/settlement also includes conduct or statements made in the course of negotiating a compromise/settlement (including direct admissions of liability).

Answer 6

TRUE

Question 7

true or false: evidence of settlement is NOT admissible to impeach a witness on the ground of bias.

Answer 7

FALSE (can be used to show bias)

Question 8

what must be shown for the rule on exclusion of settlement evidence to kick in?

Answer 8

1) there must be a claim or some indication that a party was going to make a claim, AND
2) the claim/potential claim must have been in dispute as to either:
- liability, or
- amount

Question 9

what is the EXCEPTION to the general rule that conduct or statements made during settlement negotiations are inadmissible?

Answer 9

conduct/statements made during negotiations of a CIVIL dispute with a GOVERNMENT regulatory, investigative, or enforcement authority are NOT excluded when offered in a later CRIMINAL CASE

Question 10

what kinds of plea discussions are inadmissible?

Answer 10

• offers to plead guilty
• withdrawn guilty pleas
• actual pleas of no contest
• statements of fact made during any of the above plea discussions^

Question 11

against whom and in what kinds of cases are plea discussions inadmissible?

Answer 11

against = defendant who made the plea or participated in discussions
cases = any criminal or civil case

Question 12

true or false: a guilty plea (not withdrawn) is generally ADMISSIBLE in related litigation as a statement of an opposing party.

Answer 12

TRUE

Question 13

evidence that a party has paid/offered to pay medical bills is inadmissible to prove WHAT?

Answer 13

liability for the injury

Question 14

true or false: like settlement negotiations, admissions of fact accompanying payments of medical bills/offers to pay are INADMISSIBLE

Answer 14

FALSE (they ARE admissible; NOT like settlement negotiations)