Public Policy Exclusions

Question 1

subsequent remedial measures

Answer 1

subsequent remedial measures only barred in negligence (in federal court applies to product liability too)

Question 2

settlements

Answer 2

CA only - discussions during mediation proceedings also inadmissible (just treat it as settlemnt)

Question 3

offers to pay medical expenses

Answer 3

CA als omakes inadmissible admission of fact made in course of making such payments (Federal only excludes such statements if part of settlemtn offer)

Question 4

expessions of sympathy

Answer 4

inadmissible in CIV expressions of sympathy relating to suffering or death of an accident victim. Statemetns of fault made in connection with such statemetns NOT excluded

Question 5

pleas

Answer 5

inadmissible under CEC. Not clear if prop 8 makes this admissible. On Essay raise th eissue and mention that even if Prop 8 applies,t eh court may still exclude for unair prejudice