Specialized Relevance Rules

Question 1

If being admitted for reasons not related to ____ 407-411 may not apply

Answer 1

negligence/liability

Question 2

Impeachment can be permitted sometimes under ____ but NOT ___

Answer 2

407, 410 | 408,410

Question 3

407 is about ___

Answer 3

subsequent remedial measures can’t be used for negligence/culpability

Question 4

Subsequent remedial measures evidence can come in under 407 for ___

Answer 4

• impeachment
• if disputed proving ownership/control/feasibility

Question 5

Policy behind 407 is to ___

Answer 5

encourage remedies

Question 6

Wolf attack on beagle. Then chained wolf to fence. Then 3yo boy still attacked

Answer 6

407 kicks out evidence of chaining if offered in case about beagle attack. Allowed in if about attack on the boy, owner on notice

Question 7

Wood chipper killed husband, then sold modified versions to army

Answer 7

Can admit subsequent changes to correct misimpression

Question 8

Under 407 you could admit a car recall letter if ___

Answer 8

car company said you are just a bad driver

Question 9

Columbia saying not responsible for ice fall because Arts and Crafts cleans that ice. Later CU cleans up the ice.

Answer 9

When CU says not responsible, makes it disputed so may be admissible under 407 to prove ownership

Question 10

BART subsequent policy change to handle Tasers to reduce Taser/gun confusion after police officer accidentally shoots man.

Answer 10

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?

Question 11

subsequent measures taken by third parties are admissible under ___

Answer 11

407 unless excluded by 403

Question 12

408 is about ___

Answer 12

compromise

Question 13

408 evidence can come in to ___

Answer 13

• prove witness bias/prejudice
• negate contention undue delay
• prove effort to obstruct crim investigation

Question 14

408 kicks in when there is a disputed claim as to __

Answer 14

validity or amount

Question 15

“You hit my car!”
“My bad. Can I pay your medical expenses?”

Answer 15

“My bad” admissible, but “Can I pay your medical expenses” inadmissible under 409

Question 16

Madoff statements in civil settlement negotiations. Admissible in criminal trial?

Answer 16

No unless SEC investigation (claim by public office in investigatory authority)

Question 17

Hotel not completed per contract. Owner commissioned report of alleged defects for settlement negotiations.

Answer 17

Inadmissible report bc commissioned for settlement negotiations.

Question 18

B testifying that A received huge settlement from car driver that damaged both their cars.

Answer 18

Admissible to show witness bias

Question 19

Pregnant woman in coma at church hospital. Offer to settle

Answer 19

Can’t admit anything around offer to settle

Question 20

Pregnant woman in coma at church hospital. Priest describes as tragic accident; in trial, describes as act of God:

Answer 20

No, can’t use 408 to impeach prior inconsistent statement

Question 21

Pregnant woman in coma at church hospital. During settle, “she’s a wiccan and going to hell, she only deserves $210K

Answer 21

Maybe admit for bias 408(b) but take out $210K to reduce prejudice.

Question 22

FRE 409 is about ___

Answer 22

offers to pay medical and other assistance

Question 23

FRE 409 says evidence of offers to pay medical etc expenses from an injury is not admissible to ___

Answer 23

prove liability for the injury

Question 24

FRE 409 is a much more ___ carvout than 408

Answer 24

narrow

Question 25

Statements around medical offers like ____ are often highly -__

Answer 25

my bad, probative

Question 26

Rationale behind 409

Answer 26

to encourage humanitarian assistance

Question 27

FRE 410 is about ____

Answer 27

pleas and plea discussions

Question 28

Rationale behind 410 is to __

Answer 28

encourage plea bargaining

Question 29

Under 410, evidence of following not admissible

Answer 29

- 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

Question 30

FRE 410 allows evidence related to plea bargaining to come in if ___

Answer 30

- 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

Question 31

Prosecutor offers to mitigate 1st degree down to 2nd degree

Answer 31

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.

Question 32

“I’d rather face you guys than my home” in response to an offer for immunity.

Answer 32

Admissible under 410(b)(1) – in fairness, should be taken together to explain context.

Question 33

Biaggi exception for 410

Answer 33

allowed in evidence of immunity offer because rejected immunity offer

Question 34

FRE 411 is about ___

Answer 34

liability insurance

Question 35

FRE 411 says that evidence a person _____ isn't admissible to prove ___

Answer 35

was or wasn't insured, acted negligently

Question 36

FRE 411 says evidence of insurance can come in to prove

Answer 36

- witness bias - agency/ownership/control

Question 37

CLS having insurance over icy patch.

Answer 37

Can admit to show ownership

Question 38

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

Answer 38

Probative value low and risk of prejudice high

Question 39

Rule 408 doesn't say anything about ___

Answer 39

statements made in connection to offer to pay medical expenses

Question 40

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

Answer 40

Ps request kicked out under 401, not relevant, already hear his Q&A

Question 41

Medmal against D, whose expert witnesses are all insured by same medmal insurance.

Answer 41

Not showing for negligence but bias. BUT if many members in mutual insurance probative value is minimum

Question 42

Rule 410 can be ___

Answer 42

waived

Question 43

Most courts find Rule 410 applies __

Answer 43

to both sides