Relevancy & it Limits: Legal Relevancy Flashcards
What is the rule for subsequent remedial measures?
- this releveant evidence would otherwise be barred but it admissible for certain things:
- CAN USE - ADMISSIBLE
- Show ownership or control, impeach or feasibility of precaution
- INADMISSIBLE
- Negligence, culpable conduct, design defect or a need for a warning
- CAN USE - ADMISSIBLE
- Timing must be subsequent
Rule 407
Example of ownership or control (SRM)
EXAMPLE: Plaintiff is hit by a truck, after which the truck company fixes the truck so that the accident would be prevented in the future. If the truck company claims it did not own the truck that injured Plaintiff, Plaintiff can introduce evidence that the truck company paid for repairs for the truck to suggest ownership.
(a)Timing: Must be subsequent.
EXAMPLE: Toyota recalls cars on June 2 due to brake failure. An accident occurred on June 1. This is a subsequent remedial measure and the accident victim CANNOT use the recall to prove that Toyota was aware of issues with the brakes to prove negligence.
EXAMPLE: Same facts as above, but this time on June 1 there is a recall and on June 2 the accident occurs. This is NOT a subsequent remedial measure and the plaintiff can use the recall as evidence that Toyota was aware of issues with the brakes to prove negligence.
Example of feasability of precaution (SRM)
EXAMPLE: If defendant claims “a different accelerator design was not feasible” to prevent such accidents, evidence that defendant did make subsequent changes to make the design of the accelerator safer is: admissible to refute the claim; applies in negligence & product liability cases
Example for impeachment (SRM)
EXAMPLE: Defendant is being sued for a problem with an accelerator sticking. A company witness says it was not the company’s fault because nothing could have been done to make the accelerator safer. If, in fact, the defendant did make some changes, the plaintiff may use evidence of the changes to impeach the witness.
What is the admissibility of compromises & offers?
- INADMISSIBLE
- for a claim in dispute to prove liability
- cannot be used as a prior inconsistent statement to impeach
- ADMISSIBLE
- show bias or prejudice
- to negate a contention of undue delay
- key point there needs to be a dispute (suit, by words)
Rule 408
Example of compromise or offers to settle
EXAMPLE: X and Y have a car accident. Assume the facts state there’s a dispute as to fault between the two parties. X says to Y, “I may have been driving a little too fast (statement by party opponent), but you went through the red light. Anyway, I’m willing to settle this matter with you.” Result: NEITHER the admission NOR the settlement offer is admissible. There is no severance under Rule 408.
EXAMPLE: Compare with situation where a baby goat bites little girl on the hand at a petting zoo. Immediately the owner comes forward and says, “I’m terribly sorry. I’ll pay you $100.” —— That is not an offer to settle, there is no dispute thus would be admissible
How is evidence to pay medical & similar expenses treated?
- If you only offer to pay med expenses, it is Inadmissible to prove liability BUT any admission outside of the offer to pay med expenses is admissible (redaction rule)
- NOYE — DO NOT need a DISPUTE
EXAMPLE: The “Redaction Rule” provides a slight twist. This time the defendant says, “I may have been driving a little too fast (admission of fault), but you went through the red light. Anyway, I’m willing to pay your medical bills.” Result: The admission may be severed and is admissible. The offer itself is inadmissible.
409
What is the rule for the admissibility of pleas, plea discussions, and related statements?
- a plea & any statements made
- during plea negotiations
- by a Δ
- to a prosecutor (*** not to statements made to police **)
- will be INADMISSIBLE
- Applies to:
- pleas of guilt later w/drawn
- pleas of nolo contendere (no contest)
- offers to plead guilty
410
Example of 410 Pleas & Negoigiations
EXAMPLE: A felon asks a police officer what kind of deal he can get if he confesses. This is not a plea negotiation because it is not made to a prosecuting attorney.
(a) Variation: If defendant pleads guilty (i.e., an actual guilty plea = waiver of the right to a jury trial), the guilty plea may be admitted substantively as a statement by party opponent in a subsequent civil or criminal case, or to impeach, if defendant testifies.
Will liability insurance be admissibile?
- INADMISSIBLE
- whether you have or do not have insurance is inadmissible to prove negligence or fault
- admission may come in separate from the mention of having/not having insurance
- whether you have or do not have insurance is inadmissible to prove negligence or fault
- ADMISSIBLE
- proof of agency, ownership or control, bias or prejudice of a witness
- pretrial discovery of insurance is usually allowed but not the limits of insurance
Rule 411
Examples for liability insurance
EXAMPLE: Following an accident, defendant says, “It was my fault (admission of fault; admissible), but don’t worry, I have plenty of insurance” (inadmissible).
EXAMPLE: Defendant denies the car involved in the accident was his. Defendant has insurance on the car. Evidence of Defendant’s insurance is admissible to prove ownership control of the vehicle (not to prove negligence).
Recap: 2. When may evidence of a subsequent remedial measure be admissible?
- show ownership or control
- impeach
- feasability of precaution
Recap: 3. Describe the admissibility of offers to pay medical bills.
- inadmissibile to prove liability but any statement made outside of the statements to just pay medical expenses will be admissible for the medical expenses portion would be redacted
Recap: 4. Describe the admissibility of statements made during plea negotiations.
- they are inadmissible against the defendant later and only apply to statements made to by the defendant the prosecution during plea negoitations
