03 Public Policy Exclusions

Evidence of liability insurance is inadmissible to prove that a party acted [..1..] or otherwise [..2..].

negligently, wrongfully

Evidence of a party's liability insurance may be admissible to prove [..1..] or control, if that issue is [..2..].

ownership, disputed

Evidence of subsequent remedial measures is inadmissible to prove [..1..], culpable conduct, or a [..2..] in a product.

negligence, defect

T/F: Evidence of a subsequent remedial measure can be used to prove ownership or control, even if ownership or control is not disputed.

F

Evidence of a subsequent remedial measure is admissible to rebut a claim that a precaution was not […].

feasible

Evidence of an offer to compromise a civil claim is inadmissible to prove the [..1..] or [..2..] of that claim.

validity, amount

Conduct or statements made during settlement negotiations are also […] to prove the validity or amount of a disputed claim.

inadmissible

For the public policy exclusion for settlements to apply, the claim must be disputed as to either [..1..] or [..2..].

liability, amount

T/F: An offer to settle a claim can be used to impeach a witness for bias.

T

In a civil case, a statement made during compromise talks with a government agency is […] when offered in a later criminal case.

admissible

A withdrawn guilty plea is generally […] against the defendant in a subsequent case.

inadmissible

A plea of […] is inadmissible in any criminal or civil case against the defendant who made the plea.

nolo contendere

While a withdrawn guilty plea is inadmissible, an actual, unwithdrawn guilty plea is generally […] in subsequent litigation.

admissible

Evidence that a party offered to pay medical expenses is inadmissible to prove […] for the injury.

liability

Unlike with settlement negotiations, an admission of […] made in connection with an offer to pay medical expenses is admissible.

fact

An offer to compromise is inadmissible to impeach a witness by a […] statement.

prior inconsistent