Relevance / Public Policy Exclusions Flashcards
LOGICAL RELEVANCE Rule
A judge has broad discretion to exclude relevant evidence if its probative value is substantially outweighed by the danger or undue prejudice, confusing the issue, a waste of time, or misleading the jury.
LEGAL RELEVANCE Rule
Evidence must be relevant for it to be admissible. It is relevant if it tends to prove/disprove a material fact in dispute.
Policy Exclusions Rule
Public Policy exceptions
Otherwise-relevant evidence can be excluded for public policy reasons in order to encourage certain types of behaviors for the greater good of society.
Policy Exclusions (6) SSOWLE
Subsequent Remedial Measures Settlement offer or negotiations Offer to pay medical expenses Withdrawal of guilty plea Liability insurance Expression of sympathy
Subsequent Remedial Measures Rule
Evidence of repair, safety measures, or repairs performed after an accident are not admissible to prove culpable conduct.
Under FRE only, in a product liability action, evidence of safety measures are not admissible to show defective product design.
Settlement Offers or negotiation Rule
An offer to settle a claim and related statements are not admissible to prove the claim’s validity, liability, or amount. [CA] Mediation statements and writings are inadmissible in discovery or proceedings. (can waive)
Subsequent Remedial Measures Rule FRE
Under FRE only, in product liability action, evidence of safety measures are not admissible to show defective product design.
Settlement Offers or negotiation Rule CA
Mediation statements and writings are inadmissible in discovery or proceedings (can waive).
Subsequent Remedial Measures Exceptions (3) FOD
Feasibility
Ownership/control
Destroyed evidence
Liability Insurance (I have insurance/or lack of)
Evidence of liability insurance is not admissible to prove culpable conduct such as negligence or defendant’s ability to pay a judgement.
Liability Insurance Exceptions (OIA) Exceptions
Ownership or control of instrumentality
Impeachment
Admission–a statement of fault (“I have plenty of insurance”)
Offers to Pay Medical Expenses Rule
Offers to pay medical, hospital, or similar expenses occasioned by an injury are not admissible to prove liability for that injury. FRE ONLY: Collateral admissions of fact made during an offer to pay medial expenses are admissible (BUT NOT UNDER CA)
Offers to Pay Medical Expenses Exceptions ???
FRE ONLY: Collateral admissions of fact made during an offer to pay medial expenses are admissible (BUT NOT UNDER CA???
Withdrawal of guilty plea
An offer to plead guilty to a crime, and all related statements made during plea negotiations, are not admissible to prove that a criminal defendant is guilty or a consciousness of guilt. CA exceptions Under Prop. 8.
Expression of sympathy [CA ONLY]
Evidence of expressions of sympathy are not admissible in civil actions that are related to the death or suffering of an accident victim, but statements of fault made in connection with the sympathy are admissible.
