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5 Cards in this Set
- Front
- Back
- 3rd side (hint)
Liability Insurance
Rule: inadmissible to prove fault, or absence of fault. Exception:______ |
Admissible to prove ownership or control IF that issue is controverted, OR to impeach a witness.
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Subsequent Remedial Measures (SRMs) Rule: inadmissible to prove neglgience, culpable conduct, product defect, need for warning. Exception (and NY RULE):_______
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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) |
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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.
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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 |
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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...? |