Specialized Relevance: 407-411 Flashcards

1
Q

Subsequent Remedial Measures (407)

A

Inadmissible to prove negligence or fault, defect, or need for warning
Admissible to prove, if disputed, ownership, control, or feasibility; destruction of evidence; impeachment

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2
Q

Settlement Offers (408)

A

Evid of compromises or offers to compromise is INADM to prove/disprove the validity or amount of a disputed claim, to impeach thru a prior inconsistent statement or contradiction, or to prove fault
*lawsuit neednt be commenced for 408 to apply, a claim just must exist

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3
Q

Medical Expenses (409)

A

Offer to pay medical expenses INADM to show fault, whether or not claim is dispputed
ADM to show D was there or injury occurred
*Only prohibits offer itself, accompanying stmts possibly adm as stmt by party opponent

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4
Q

Criminal Pleas (410)

A

Withdrawn guilty pleas, nolo contendere pleas, and statements made during plea negs are INADM in a civil or criminal case against D who made the plea
Actual guilty plea is ADM

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5
Q

Liability Insurance (411)

A

Evid that a person was/wasnt insured against liability is INADM to prove negligence or no culpability
ADM to show ownership/control, bias
*Accompanying stmt of fault perhaps adm as stmt against party opponent

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