Public policy Exclusions Flashcards
Why are public policy exceptions allowed?
As a society, public policy favors the behavior involved.
What are some examples of this public policy exceptions?
1) Encouraging the settlement of disputes
2) Immediate repair of dangerous conditions
If public policy exceptions were allowed into evidence in court, what’s the issue?
It could dissuade people from doing things like fixing dangerous conditions.
What is evidence of a party’s insurance against liability not admissible for?
To show whether the party acted negligently or wrongfully
What is evidence of a party’s insurance against liability not admissible for in English terms?
To prove the party’s fault or absence of fault.
What may evidence of a party’s insurance against liability admissible for?
To prove:
1) Ownership or control
2) to impeach a witness
3) As part of an admission of liability
What must be at issue if evidence of a party’s insurance against liability is admissible for ownership or control?
The ownership or control must be disputed.
What is usually evidence of a party’s insurance against liability is used for when admitted to show their control?
To show their bias.
When do we allow admission of liability insurance when liability has been admitted? An example?
1)When the reference to insurance coverage 2)cannot be severed
3)without lessening its probative
4) value as an admission of liability
Ex: Don’t worry my insurance will pay it off!
Is evidence of repairs or other precautionary measures made following an injury admissible?
Sometimes.
Ifs evidence of repairs or other precautionary measures made following an injury is inadmissible, what purposes is it being offered for?
It can’t be offered to prove
1) Negligence
2) Culpable conduct
3) Defect in product or design
4) Need for warning/instruction
Ifs evidence of repairs or other precautionary measures made following an injury is admissible, for what can it be offered for? In what context is each reason ok?
To prove ownership or control – if it’s disputes
2) To REBUT a claim that a precaution was not FEASIBLE – must be in response to D’s claim
3) To prove that opposing party has DESTROYED EVIDENCE
What is evidence of a settlement or an offer to compromise/settle inadmissible for?
1) To prove or disprove the validity or amount of a disputed claim
2) To IMPEACH a witness for PRIOR INCONSISTENT STATEMENT OR CONTRADICTION
Is conduct or statements made in/while negotiating a settlement admissible?
No.
Is conduct or statements admitting liability that are made in/while negotiating a settlement admissible?
No.
Is evidence of settlement ever admissible?
Yes, to impeach a witness on bias.
When does public policy exclusion for settlement/negotiation kick in? Are there additional aspects?
1)If there was a claim
2) or some indication that a party
3) was going TO MAKE A CLAIM
If the party meets the requisite bar for public policy exclusion for settlement/negotiation, must there have been a claim filed?
No.
What is the MBE trick for settlement/negotiations protections?
Claim must be in dispute for
EITHER
1) Liability
OR
2) Amount
What is the exception to settlement/negotiation protection as applied to the government? GOOGLE THIS I’m CONFUSED ON PARTICULARS
Compromise negotiations
2) regarding a civil dispute
3) with a gov. regulatory, investiagative, enforcement authority
4) are NOT excluded
5) WHEN OFFERED IN A CRIMINAL CASE
What’s an example of the limited settlement exception?
Defendant’s admissions of fact during settlement negotiations with SEC would be admissible against defendant in subsequent trial
What are the requirements for plea discussions inadmissible?
1) In any criminal or civil case
2) against the defendant
3) who made plea
4) or participated in discussions
What aspects of the plea discussions are inadmissible?
1) OFFERS to plead guilty
2) WITHDRAWN guilt pleas
3) ACTUAL pleas of NOLO CONTENDRE
4) Statements of facts made during above plea discussions
Are withdrawn guilty pleas admissible against Defendant? What about in a subsequent trial?
No, and no.
What does NOLO CONTENDRE mean?
No contest.
What must a NOLO CONTENDRE be to be inadmissible in any criminal civil proceeding againstDefendant who made/participated in plea?
It must be actual.
If Defendant ACTUALLY pleads guilty, is it admissible in related litigation?
Yes.
If Defendant ACTUALLY pleads guilty, if it is admissible what grounds is it admissible on?
Statement of an opposing party.
What is payments of/offers to pay medical expenses inadmissible for?
To prove liability.
What aspects of payments/offers to pay medical expenses admissible for?
Any admissions of fact accompanying the payments.
What is generally the most important thing to remember about offers to pay/payment of medical expenses?
That accompanying admissions of fact are admissible.
What is a good MBE trick on offers to pay amedical expenses? What’s an example? What result?
1) Offers to pay medical expenses that ARE ALSO SETTLEMENTS
What’s an example of a good MBE trick on offers to pay/payment of medical expenses?
I’ll pay your medical expenses if you drop the case
What’s the likely result on an MBE trick Offers to pay medical expenses?
The more restrictive rule of settlement negotiations kicks in and the statements accompanying the offer to pay medical expenses are restricted.
