Public Policy Exclusions

Question 1

Public Policy Exclusions - Overview

Answer 1

• certain ev excluded b/c pub pol favors the behavior involved
  -> if such ev were routinely admissible in court, could dissuade people from doing the relevant things in the first place

Question 2

Public Policy Exclusions - List

Answer 2

• liability insurance
• subsequent remedial measures
• civil settlements and settlement negotiations
• plea discussions
• payments of and offers to pay medical expenses

Question 3

Liability Insurance

Answer 3

• ev of party’s insurance against liability (or lack thereof) is not admissible to show whether party acted negligently or otherwise wrongfully
  -> can’t use to show fault

BUT may be admissible for other relevant purposes, ex:
- to prove ownership or control
- to impeach a witness (ex: bias)
- as part of an admission of liability, where the reference to insurance coverage can’t be severed without lessening its probative value as an admission of liability

Question 4

Subsequent Remedial Measures

Answer 4

• not admissible to prove negligence, culpability, defect in product or design, or need for warning or instruction

MAY be admissible for other relevant purposes, such as
;
- prove ownership/control, if disputed
- rebut claim that precaution was not feasible
- prove opposing party has destroyed ev

Question 5

Civil Settlements and Settlement Negotiations

Answer 5

• ev of a compromise or offer to compromise a civil claim is NOT admissible to:
  1) prove or disprove validity or amount of the disputed claim
  2) impeach a witness by prior inconsistent statement or condition
• conduct or statements made in course of negotiations also inadmissible for these purposes
• ev of settlement IS admissible to impeach a witness on the grounds of bias

Question 6

Civil Settlements + Negotiations - Disputed Claims

Answer 6

• NEED disputed claim for this to kick in
• only applies if at the time of the statement/offer there was a claim or some indication that a party was going to make a claim (need not actually have filed suit yet though)
• Claim must have been in dispute as to either liability or amount

Question 7

Civil Dispute with Gov Authority

Answer 7

• limited exception to the civil settlement/negotiation rule
• conduct or statements made during compromise negotiations regarding civil dispute with gov regulatory, investigative, or enforcement authority are not excluded when offered in a criminal case

Question 8

Plea Discussions

Answer 8

Following are generally inadmissible in any crim or civil case against def who made plea or participated in discussions:
- offers to plead guilty
- withdrawn guilty pleas
- actual pleas of nolo contendere OR
- statements of fact made during any of the above plea discussions

• an ACTUAL guilty plea though is generally admissible in related litigation as a statement of an opposing party

Question 9

Payments + Offers to Pay Medical Expenses

Answer 9

• ev that a party has paid or offered to pay an injured person’s medical, hospital, or similar expenses is inadmissible to prove liability for the injury
• HOWEVER unlike with settlements, admissions of fact accompanying such payments + offers ARE admissible
  -> note that if it’s an offer to pay med expenses in connection to offer to settle, the more restrictive settlement negotiations rule applies