Specialized Relevance Rules Flashcards
If being admitted for reasons not related to ____ 407-411 may not apply
negligence/liability
Impeachment can be permitted sometimes under ____ but NOT ___
407, 410 | 408,410
407 is about ___
subsequent remedial measures can’t be used for negligence/culpability
Subsequent remedial measures evidence can come in under 407 for ___
- impeachment
- if disputed proving ownership/control/feasibility
Policy behind 407 is to ___
encourage remedies
Wolf attack on beagle. Then chained wolf to fence. Then 3yo boy still attacked
407 kicks out evidence of chaining if offered in case about beagle attack. Allowed in if about attack on the boy, owner on notice
Wood chipper killed husband, then sold modified versions to army
Can admit subsequent changes to correct misimpression
Under 407 you could admit a car recall letter if ___
car company said you are just a bad driver
Columbia saying not responsible for ice fall because Arts and Crafts cleans that ice. Later CU cleans up the ice.
When CU says not responsible, makes it disputed so may be admissible under 407 to prove ownership
BART subsequent policy change to handle Tasers to reduce Taser/gun confusion after police officer accidentally shoots man.
Could be admissible because techically using to prove third party, not D, was negligent.
Stronger argument under 403 for waste of time, what are you proving?
subsequent measures taken by third parties are admissible under ___
407 unless excluded by 403
408 is about ___
compromise
408 evidence can come in to ___
- prove witness bias/prejudice
- negate contention undue delay
- prove effort to obstruct crim investigation
408 kicks in when there is a disputed claim as to __
validity or amount
“You hit my car!”
“My bad. Can I pay your medical expenses?”
“My bad” admissible, but “Can I pay your medical expenses” inadmissible under 408(a)(1).
Madoff statements in civil settlement negotiations. Admissible in criminal trial?
No unless SEC investigation (claim by public office in investigatory authority)
Hotel not completed per contract. Owner commissioned report of alleged defects for settlement negotiations.
Inadmissible report bc commissioned for settlement negotiations.
B testifying that A received huge settlement from car driver that damaged both their cars.
Admissible to show witness bias
Pregnant woman in coma at church hospital. Offer to settle
Can’t admit anything around offer to settle
Pregnant woman in coma at church hospital. Priest describes as tragic accident; in trial, describes as act of God:
No, can’t use 408 to impeach prior inconsistent statement
Pregnant woman in coma at church hospital. During settle, “she’s a wiccan and going to hell, she only deserves $210K
Maybe admit for bias 408(b) but take out $210K to reduce prejudice.
FRE 409 is about ___
offers to pay medical and other assistance
FRE 409 says evidence of offers to pay medical etc expenses from an injury is not admissible to ___
prove liability for the injury
FRE 409 is a much more ___ carvout than 408
narrow
Statements around medical offers like ____ are often highly -__
my bad, probative
Rationale behind 409
to encourage humanitarian assistance
FRE 410 is about ____
pleas and plea discussions
Rationale behind 410 is to __
encourage plea bargaining
Under 410, evidence of following not admissible
- guilty plea later withdrawn
- nolo contendere plea
- statement during plea proceeding
- statement during plea discussions if didn’t result in guilty plea or plea later withdrawn
FRE 410 allows evidence related to plea bargaining to come in if ___
- another statement during same plea discussions introduce and in fairness statements should be considered together
- in proceeding for perjury or false statement if statement was made under oath, on the record with counsel present
Prosecutor offers to mitigate 1st degree down to 2nd degree
Likely inadmit bc against policy goal of encouraging plea bargaining. 410 not explicit, but courts think this also applies to prosecutors bc otherwise would be a mistake.
“I’d rather face you guys than my home” in response to an offer for immunity.
Admissible under 410(b)(1) – in fairness, should be taken together to explain context.
Biaggi exception for 410
allowed in evidence of immunity offer because rejected immunity offer
FRE 411 is about ___
liability insurance
FRE 411 says that evidence a person _____ isn’t admissible to prove ___
was or wasn’t insured, acted negligently
FRE 411 says evidence of insurance can come in to prove
- witness bias
- agency/ownership/control
CLS having insurance over icy patch.
Can admit to show ownership
Defamation case against publishers where Kyle wrote about punching “Scruff Face,” later revealed to be Ventura. Ventura’s counsel wants to introduce that publishers had legal insurance/lawsuit being paid for by Harper Collins
Probative value low and risk of prejudice high
Rule 408 doesn’t say anything about ___
statements made in connection to offer to pay medical expenses
Ds try to impeach her with statements made to claims adjustor in hospital. P wants to bring in that that person was insurance adjustor to show witness bias
Ps request kicked out under 401, not relevant, already hear his Q&A
Medmal against D, whose expert witnesses are all insured by same medmal insurance.
Not showing for negligence but bias. BUT if many members in mutual insurance probative value is minimum
Rule 410 can be ___
waived
Most courts find Rule 410 applies __
to both sides
