Relevance/Policy Exceptions

Question 1

RELEVANCE

Answer 1

CEC: Fact of consequence must be in dispute

Question 2

Subsequent Remedial Measures

Answer 2

CEC: SRM is admissible in strict liability defective design

Question 3

Settlement Offers

Answer 3

FRE & CEC: Stmts during settlement offers are inadmissible fault or liability

CEC: Stmts in mediation also inadmissible

Question 4

Pymt or Offer to Pay Medical Expenses

Answer 4

FRE & CEC: Offers to pay medical expenses are inadmissible

FRE: Admissions of fact during offer are admissible

CEC: Admissions of fact during offer are NOT admissible

Question 5

Expression of Sympathy

Answer 5

CEC: Civil: Sympathy Stmts about V’s suffering or death are NOT admissible; BUT stmts of fault ARE admissible

Question 6

Pleas later withdrawn, offers to plea & related Stmts

Answer 6

FRE & CEC:inadmissible in Civil and Criminal under BOTH CEC and FRE

CEC: BUT Prop 8 effect (criminal) unknown