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5 Cards in this Set

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  • Back
  • 3rd side (hint)
Liability Insurance
Rule: inadmissible to prove fault, or absence of fault.
Admissible to prove ownership or control IF that issue is controverted, OR to impeach a witness.
Subsequent Remedial Measures (SRMs) Rule: inadmissible to prove neglgience, culpable conduct, product defect, need for warning. Exception (and NY RULE):_______
Admissible to show ownership, control, feasability of a safer condition IF that issue is controverted.
NY Rule: Same, except SRMs are OK in products liability action based on strict liability. (But NOT design defect or failure to warn)
Settlements in Civil Cases
Rule: If there's a disputed claim, then evidence of settlement, offers of settlement, or statements made in settlement discussions are inadmissible if offered to prove liability. Exception:________
Settlment evidence IS admissible if offered to impeach a witness on the ground of bias.
Character Evidence -Admissible or not? To show -
1) Propesity?
2) Veracity of a Witness?
3) Non-propensity purpose (i.e. a prior bad act offered for purpose other than propensity)
4) Trait as element?
1) Not admissible
2) Admissible to impeach
3) Admissible
4) Admissible
Character Evidence in Crim. Cases
Gen. Rule: evidence of defendant's character generally inadmissible to prove propensity. Exceptions:__(2)___
1)Defendant can into evidence of his own good character for a relevant trait.
2) If defendant does into this, plaintiff can rebut with evidence of defendant's bad character for same trait.
1) Defendant can introducte...?
2) Plaintiff can then introduce...?