Public Policy Exceptions

Question 1

Liability insurance

Answer 1

Evidence that a person was or was not insured against liability is not admissible to prove negligence or wrongdoing

Question 2

Exception for liability insurance

Answer 2

Admissible evidence of insurance coverage is relevant for some other purposes

Question 3

Subsequent remedial measures

Answer 3

Evidence of repairs made after an injury to the plaintiff is not admissible to prove negligence, culpable conduct, defective product or design, or an inadequate warning

Question 4

Exception to subsequent remedial measures

Answer 4

admissible when evidence of subsequent remedial measures is relevant for some other purpose

Question 5

Settlement offers or negotiations

Answer 5

A settlement offer made by any party is not admissible to prove liability for or the amount of a disputed claim

Question 6

Exception for settlement offers or negotiations

Answer 6

Admissible if it serves another purpose

Question 7

Offers to pay medical expenses

Answer 7

Evidence that a defendant paid or offered to pay a plaintiffs medical bills is not admissible to prove liability

Question 8

Plea negotations

Answer 8

Includes: withdrawn guilty pleas, nolo contendere pleas, offers to plead guilty, and statements made while negotiating a plea

not admissible in ANY proceeding

Question 9

Rape shield laws

Answer 9

in general, evidence of a victims past sexual conduct or sexual reputation is not admissible in a proceeding involving sexual abuse

Question 10

Exceptions in a criminal case for rape shield laws

Answer 10

Evidence of a victims past sexual conduct is admissible to:

-show that the defendant was or was not the source of physical evidence or
-show the victims past sexual conduct w/ the defendant to show consent
-or when the defendants constitutional rights require

Question 11

Exceptions in civil cases for rape shield laws

Answer 11

evidence of the victims past sexual conduct is admissible only if its probative value substantially outweighs the danger of harm to the victim and unfair prejudice to any party

Question 12

Defendants conduct

Answer 12

In a criminal or civil case in which a defendant is accused of committing an act of sexual assault or child molestation, evidence that the defendant committed any other sexual assault or child molestation is admissible to prove any relevant matter