Relevance

Question 1

admissible - similar accidents or injuries caused by the same event or condition

Answer 1

evidence of prior accidents or injuries caused by the same event or condition and occurring under substantially similar circumstances is admissible to prove 1) existence of a dangerous condition 2) that the dangerous condition was the cause of the present injury and 3) that the d had notice of the dangerous condition

Question 2

absence of similar accidents admissible?

Answer 2

only if it is admissible to show the ds lack of knowledge about the danger

Question 3

what is habit?

Answer 3

persons regular response to a specific set of circumstances (frequency of conduct in particularity of circumstances)

example is brushing your teeth

Question 4

ha

civil settlements and negotiations

Answer 4

Evidence of a compromise or offer to settle is not admissible to prove 1)prove or disprove validity or amount of disputed claim 2) impeach a witness by prior inconsistent statement or contradiction - cant admit direct admissions of liability either!

can admit settlement stuff to impeach witness on bias tho

Question 5

civil dispute with gov auth exception for settlement statements

Answer 5

if prior statements/conduct was made during compromise negotiations regarding civil dispute with gov reg investigatory or enforcement auth - not excluded when offered in a criminal case

Question 6

plea discussions - admissible?

Answer 6

not admissible: offers to plea guilty, withdrawn offers to plead guilty, actual pleas of nolo contendere, statemetns of fact made during any plea discussions

actual guilty plea is generally admisible in related litigation as a sta