Public Policy Exceptions

Question 1

List (5) “l.prom” like let’s go to prom

What are the public policy exceptions

Answer 1

1. L: liability Insurance
2. P: plea discussions
3. R: Subsequent remedial measures
4. O: Settlements negotiations and settlement offers
5. M: Payment and offers to pay medical expenses

Question 2

List (2)

When is evidence of party’s liability insurance inadmissible

Answer 2

INADMISSIBLE to prove:

1. Party acted with negligence or
2. Ability to pay for injury

Question 3

List (3)

When is evidence of liability insurance admissible

Answer 3

1. Prove ownership or control if disputed
2. To impeach a witness (usually to show bias)
3. As part of admission of liability (i.e. “don’t worry my insurance will pay for it”)

Question 4

List (4)

When is evidence of subsequent remedial measures inadmissible?

Answer 4

INADMISSIBLE to prove:

1. Negligence
2. Culpable conduct
3. Defect in a product (or its design)
4. Need for a warning or instructions

Question 5

List (3)

When is evidence of subsequent remedial measures admissible

Answer 5

1. Prove ownership or control if disputed
2. Rebut a claim that a precaution was not feasible
3. Prove that opposing party destroyed evidence

Question 6

admissible or inadmissible?

If an offer for a settlement** or a **claim is made before a disputed claim action exists:

Answer 6

Then the evidence of the offer IS admissible

Question 7

admissible or inadmissible?

If an offer to pay medical expenses is made before a disputed claim action exists:

Answer 7

Inadmissible

Offer to pay medical expenses is inadmissible even if a disputed claim does not exist at time of offer (vs settlement offers)

Question 8

List (4); LIDS

When is evidence of civil settlements and negotiations settlements inadmissible?

Answer 8

INADMISSIBLE

1. Liability - to bring in admission of liability
2. PIS/Contradiction - to impeach a witness by PIS or contradiction
3. Disputed claim - prove or disprove amount or validity of disputed claim
4. Negotiation Statements - to bring in conduct or statements made during negotiations

Question 9

When is evidence of civil settlements and negotiations settlements admissible?

Answer 9

All evidence us admissible unless it’s one of the LIDS exceptions

Question 10

What is a disputed claim

Answer 10

when there is a disagreement over 1) liability and 2) amount of the claim

Question 11

list (2); aka disputed claims

When are claims that are disputed inadmissible evidence?

Answer 11

Inadmissible when

1. There is evidence that a party was going to make a claim AND
2. claim was in dispute to
   
   1. liability
   2. amount

Question 12

In what types of trials are civil settlements + negotiations settlements with government authorities admissible?

Answer 12

Criminal trials

Question 13

List (4) COWS

What is inadmissible from a plea discussion (civil + criminal cases)

Answer 13

1. actual pleas of no Contest (person accepts conviction without pleading guilty or not guilty)
2. Offers to plead guilty
3. Withdrawn guilty pleas
4. Statements of fact made in any of the above plea discussions

Question 14

When are actually guilty pleas - which were NOT withdrawn -admissible?

Answer 14

As a statement of an opposing party

Question 15

is a plea admissible after it has been accepted?

Answer 15

YES!

Question 16

When are offers or payments for an injured person admissible?

Answer 16

Admissible as statements of fact that accompanies an offer to pay for the injury

Ex: I’m sorry I hit you I’ll pay the medical bills (inadmissible statement**). I hit you when I ran the red light (admissible** statement).

Remember: inadmissible to prove liability

Question 17

Are conditional offers to pay for an injured person admissible?

Answer 17

NO

Ex: I’ll pay your bills only only if you promise to drop the case.

Both statements will likely be excluded from coming in as evidence

Question 18

When are offers or payments for an injured person inadmissible?

Answer 18

To prove liability for injury