Public Policy Exclusions Flashcards
What type of evidence is barred due to public policy?
- Evidence of a subsequent remedial measure
What is evidence of subsequent remedial measures barred from proving?
Not admissible to prove:
- Negligence
- culpable conduct
- defective product/design or
- need for warning/instruction
When is evidence of subsequet remedial measures admissible?
To Demonstrate:
- Impeachment
- Ownership
- Control
- Feasibility of a precautionary measures
When is evidence of an offer to settle a claim barred?
- Not admiss. by either party to prove/disprove
- validity of disputed claim
- amount of disputed claim OR
- for impeachment by prior inconsistent statement or contradiction
Evidence of an offer to settle a claim is admissible when?
When there is no dispute as to validity or amount (party admits to both)
- Statement made in connection with an offer to settle for lesser amount is admiss.
Negotiations with governmental agency in crim. case (e.g. IRS) may be intro. in subseq. crim. case against the pers.
- If made during compromise neg. w/ governmental agency during its regulatory, investigative, enforcement auth.
Also Admissible To prove:
- Bias
- Prejudice,
- to negate claim of undue delay OR
- Prove obstruction of criminal investigation/prosecution
When is evidence of offering to pay medical bills admissible? Inadmissible?
- An offer to pay medical expenses is inadmissible to prove liability of injury
- BUT Any words that accompany the offer to pay medical expenses are admissible
Are pleas or statements made during plea negotiations by a defendant to a prosecutor admissible?
Not Admissible
- Withdrawn Guilty Pleas
- Pleas of no contest (nolo contendere plea)
- Statements made while negotiation a plea w/ prosecutor (e.g. offer to plead guilty) AND
- Statements made during plea proceeding
When are statements made during pleas or negotiations admissible?
- If another statement is made during the same plea or negotiation has already been admitted AND
- Fairness requires that the statement in question also be admitted
AND
- In subsequent perjury prosecution if:
- they were false statements
- made under oath,
- on the record, AND
- with counsel present
When is evidence that a person was or was not insured inadmissible?
Inadmissible - to prove person acted negligently or wrongfully
Admissible - To prove:
- Agency
- Ownership
- control
- Bias or prejudice of witness
What is the rape shield law?
In any civil or criminal proceeding involving alleged sexual misconduct
- Ev. offered to show victim’s sexual behavior/predisposition or sexual history is excluded
In a criminal case, when is evidence of the victims specific sexual acts admissible?
To prove:
- The source of semen, to show another man was the source OR
- Consent of past sexual conduct between the D & vic.
In a criminal case where the defendant is accused of child molestation or sexual assault, what evidence is admissible?
- Evidence that the D committed any other sexual assault
- Evidence that D committed any other child molestation
In civil case where a claim for damages or other relief is predicated on a party’s alleged commission of sexual assault or child molestation, what evidence is admissible?
- Specific acts by the D
Is the reputation of a Sexual Conduct Victim admissible?
Only if placed in controversy by the victim
When is the sexual behavior/predisposition of victim admissible in a civil case?
If the probative value substantially outweighs unfair prejudice
