Public Policy Exclusions

Question 1

Liability Insurance

Answer 1

NOT ADMISSIBLE to prove whether person acted negligently or wrongfully

ADMISSIBLE to prove things like agency, ownership, or control

Question 2

Subsequent Remedial Measures

Answer 2

Evidence of repairs or changes made after an accident is NOT ADMISSIBLE to prove negligence

ADMISSIBLE to prove things like ownership, control, or feasibility

Question 3

Settlement Offers or Negotiations

Answer 3

NOT ADMISSIBLE to prove validity or amount of a disputed claim

Question 4

Offers to Pay Medical Expenses

Answer 4

NOT ADMISSIBLE to prove liability for injuries

Question 5

Plea Negotiations

Answer 5

NOT ADMISSIBLE in a civil or criminal case

Question 6

Past Sexual Conduct of Victim

Answer 6

Admissible in criminal case to show:

(1) D was not source of physical evidence; or
(2) Victim’s past sexual conduct with defendant to show consent

Admissible in civil cases only if probative value SUBSTANTIALLY OUTWEIGHS danger of harm to victim and unfair prejudice to any party

Question 7

Defendant’s Conduct

Answer 7

In a criminal or civil case in which D is accused of committing an act of sexual assault or child molestation, evidence that D committed any other sexual assault or child molestation is admissible to prove any relevant matter