Public Policy Exclusions Flashcards
Plea Bargaining
Goal: We want criminal cases to plead out
Generally not admissible including:
1) Offers to plead in criminal cases
2) Statement made in plea bargaining
3) Withdraw of guilty plea
4) Plea of Nolo Contendere
Admission of Guilty Plea
Admissible in a subsequent litigation when offered against a party who made the plea who is a party to the case.
This is an exception to hearsay and is considered an admission of a party opponent.
Does the Guilty Plea exception apply to both civil and criminal cases?
Yes
What can admissions by party opponents be used for?
Substantive evidence and to impeach.
Expression of Sympathy: Civil Case
Not admissible
What is the exception to the expression of sympathy rule?
Admission or statement of fault made together with the expression of sympathy is admissible.
Liability Insurance
Not admissible to show that the person acted negligently or wrongfully or has the ability to pay.
What are permitted uses of liability insurance?
To show ownership and control
To Impeach W by showing interest or bias
Offers to Settle or Compromise
Applies where there are negotiations in a dispute. If it happens the parties can speak freely.
Cant use to prove fault or to impeach
What is required for the exclusion of the offers to settle or compromise?
There must be a dispute.
Offers to pay medical expenses
Gratuitous offer to pay - not admissible
Exception to offer to pay medical expenses
Admissions or statements stated with the offer are admissible
Subsequent Remedial Measure
Not admissible to show negligence, defect or culpable conduct.
What can subsequent remedial measures be used for?
To prove control, ownership, feasibility of remedial measure if challanged or if for impeachment.
