Social Policy

Question 1

Subsequent Remedial Measures - General Rule

Answer 1

General Rule: Do not allow evidence of subsequent repairs when offered to show the repairer’s:

• Culpability;
• Negligence;
• Defect in product’s design;
• Need for a warning

Question 2

Subsequent Remedial Measures - When it Might Come In

Answer 2

• Impeachment (Deny fixed something even though did)

* Proving ownership/control (If someone tries to say that is not our property, it belongs to the city of Irvine, etc.)

Question 3

Subsequent Remedial Repairs - Social Policy Reasons

Answer 3

• Little probative value as to negligence

- Want people to fix things (not discourage repairs)

Question 4

Settlement Negotiations - General Rule

Answer 4

General Rule: Offers to settle a claim are not admissible to prove:

• Liability for;
• Invalidity of;
• Amount of a claim that was disputed as to validity or amount; or
• To impeach

Question 5

Settlement Negotiations - Requirements

Answer 5

To exclude

(1) There must be a dispute;
- Does not necessarily need to be a filed lawsuit already, could be a threatened lawsuit. Filed lawsuit is a no-brainer.
- “I am going to sue you” would probably qualify as a dispute, judge would make determination

(2) Evidence must be an offer to settle

Tricky situation: Accident just happened – offer to pay $500 – here, there has to be more to it (a lawsuit must already be threatened)

Question 6

Settlement Negotiations - Policy Reasons

Answer 6

• Little probative value as to negligence

* Want to encourage, not discourage settlements

Question 7

No Severance Rule (Under Civil Settlement Negotiations)

Answer 7

Any statement made in connection with an offer to settle is inadmissible to prove fault or value of the claim. Thus, if an additional statement was made along with the offer to settle, and that additional statement could be considered a party opponent admission, it cannot be severed from the statement to settle.

Different for medical statements.

Question 8

Exception

Answer 8

When civil suit is brought by a government agency (can be any level of government or government agency) and you make statements to government agents, expect all collateral statements to be used against you if a future criminal action is filed. (In other words, shut up. Or don’t have client in the room!) That is why attorneys always speak in hypothetical facts.

Question 9

Permissible Uses of Negotiation Statements

Answer 9

If evidence offered for some other purpose other than negligence, culpability, etc.

• Bias or prejudice
• Undue delay
• Obstruct a criminal investigation

Question 10

Criminal Settlement Negotiations and Pleas - General Rule

Answer 10

• Cannot use criminal plea negotiations against a defendant (but only statements made to prosecutor are excludable)
• If a defendant enters plea, then withdraws plea later, cannot use that fact, or plea negotiations against D.
• If D plead No Contest, you cannot use that against defendant

Question 11

Offers to Pay Medical Expenses - General Rule

Answer 11

Evidence of furnishing, promising to pay, or offering to pay medical, hospital, or similar expenses resulting from an injury is not admissible to prove liability for the injury.

Ex. Out of goodness of heart, pay medical expenses when hit child who ran into the street when should not have

Severance Rule: Any statement made in connection with an offer to pay medical expenses is admissible to prove fault or value of claim. (Ex. Say that I was speeding down the neighborhood street or had been drinking)

Question 12

Evidence of Liability Insurance

Answer 12

Evidence that a person was or was not insured against liability is not admissible to prove whether the person acted negligently or otherwise wrongfully.

But the court may admit this evidence for another purpose, such as proving a witness’ bias or prejudice, or proving agency, ownership, or control.