Public policy Exclusions

Question 1

Why are public policy exceptions allowed?

Answer 1

As a society, public policy favors the behavior involved.

Question 2

What are some examples of this public policy exceptions?

Answer 2

1) Encouraging the settlement of disputes
2) Immediate repair of dangerous conditions

Question 3

If public policy exceptions were allowed into evidence in court, what’s the issue?

Answer 3

It could dissuade people from doing things like fixing dangerous conditions.

Question 4

What is evidence of a party’s insurance against liability not admissible for?

Answer 4

To show whether the party acted negligently or wrongfully

Question 5

What is evidence of a party’s insurance against liability not admissible for in English terms?

Answer 5

To prove the party’s fault or absence of fault.

Question 6

What may evidence of a party’s insurance against liability admissible for?

Answer 6

To prove:
1) Ownership or control
2) to impeach a witness
3) As part of an admission of liability

Question 7

What must be at issue if evidence of a party’s insurance against liability is admissible for ownership or control?

Answer 7

The ownership or control must be disputed.

Question 8

What is usually evidence of a party’s insurance against liability is used for when admitted to show their control?

Answer 8

To show their bias.

Question 9

When do we allow admission of liability insurance when liability has been admitted? An example?

Answer 9

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!

Question 10

Is evidence of repairs or other precautionary measures made following an injury admissible?

Answer 10

Sometimes.

Question 11

Ifs evidence of repairs or other precautionary measures made following an injury is inadmissible, what purposes is it being offered for?

Answer 11

It can’t be offered to prove
1) Negligence
2) Culpable conduct
3) Defect in product or design
4) Need for warning/instruction

Question 12

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?

Answer 12

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

Question 13

What is evidence of a settlement or an offer to compromise/settle inadmissible for?

Answer 13

1) To prove or disprove the validity or amount of a disputed claim
2) To IMPEACH a witness for PRIOR INCONSISTENT STATEMENT OR CONTRADICTION

Question 14

Is conduct or statements made in/while negotiating a settlement admissible?

Answer 14

No.

Question 15

Is conduct or statements admitting liability that are made in/while negotiating a settlement admissible?

Answer 15

No.

Question 16

Is evidence of settlement ever admissible?

Answer 16

Yes, to impeach a witness on bias.

Question 17

When does public policy exclusion for settlement/negotiation kick in? Are there additional aspects?

Answer 17

1)If there was a claim
2) or some indication that a party
3) was going TO MAKE A CLAIM

Question 18

If the party meets the requisite bar for public policy exclusion for settlement/negotiation, must there have been a claim filed?

Answer 18

No.

Question 19

What is the MBE trick for settlement/negotiations protections?

Answer 19

Claim must be in dispute for
EITHER
1) Liability
OR
2) Amount

Question 20

What is the exception to settlement/negotiation protection as applied to the government? GOOGLE THIS I’m CONFUSED ON PARTICULARS

Answer 20

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

Question 21

What’s an example of the limited settlement exception?

Answer 21

Defendant’s admissions of fact during settlement negotiations with SEC would be admissible against defendant in subsequent trial

Question 22

What are the requirements for plea discussions inadmissible?

Answer 22

1) In any criminal or civil case
2) against the defendant
3) who made plea
4) or participated in discussions

Question 23

What aspects of the plea discussions are inadmissible?

Answer 23

1) OFFERS to plead guilty
2) WITHDRAWN guilt pleas
3) ACTUAL pleas of NOLO CONTENDRE
4) Statements of facts made during above plea discussions

Question 24

Are withdrawn guilty pleas admissible against Defendant? What about in a subsequent trial?

Answer 24

No, and no.

Question 25

What does NOLO CONTENDRE mean?

Answer 25

No contest.

Question 26

What must a NOLO CONTENDRE be to be inadmissible in any criminal civil proceeding againstDefendant who made/participated in plea?

Answer 26

It must be actual.

Question 27

If Defendant ACTUALLY pleads guilty, is it admissible in related litigation?

Answer 27

Yes.

Question 28

If Defendant ACTUALLY pleads guilty, if it is admissible what grounds is it admissible on?

Answer 28

Statement of an opposing party.

Question 29

What is payments of/offers to pay medical expenses inadmissible for?

Answer 29

To prove liability.

Question 30

What aspects of payments/offers to pay medical expenses admissible for?

Answer 30

Any admissions of fact accompanying the payments.

Question 31

What is generally the most important thing to remember about offers to pay/payment of medical expenses?

Answer 31

That accompanying admissions of fact are admissible.

Question 32

What is a good MBE trick on offers to pay amedical expenses? What’s an example? What result?

Answer 32

1) Offers to pay medical expenses that ARE ALSO SETTLEMENTS

Question 33

What’s an example of a good MBE trick on offers to pay/payment of medical expenses?

Answer 33

I’ll pay your medical expenses if you drop the case

Question 34

What’s the likely result on an MBE trick Offers to pay medical expenses?

Answer 34

The more restrictive rule of settlement negotiations kicks in and the statements accompanying the offer to pay medical expenses are restricted.