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9 Cards in this Set
- Front
- Back
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What is the subject matter of hte the Five Specialized Relevance rules (and their numbers) under FRE?
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Subsequent Remedial Measures
Compromise and Offers to Compromise Payment of Medical Expenses Pleas, Plea Bargaining, Related Statements Liability Insurance Mnemonic: SC.PPL. |
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What's the jist for Subsequent Remedial Measures (FRE)?
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If it's after the fact, and would have made the harm less likely to occur, then you can't bring it in to prove the 5 below: but it can be brought in for other purposes.
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What are the five that you can't bring it in to prove for FRE?
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Negligence, culpable conduct, defect in a product, defect in product's design, need for a warning or instruction
Mnemonic: N.CC.DD.N |
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What doesn't FRE 407 Require?
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This rule does not require the exclusion of evidence of subsequent measures when offered for another purpose, such as proving ownership, control, or feasibility of precautionary measures (if controverted), or impeachment.
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What's the difference between FRE and CEC for Subsequent Remedial Measures?
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FRE:
1. Will throw out SSR for strict liability. - Recall notices are excluded / won't come in. CEC: 2. Will keep in for strict liability - recall notices are not excluded / can come in. |
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What's a major similarity that should be remembered for SSR?
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3rd party independent remedial measures are not banned.
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What's something about FRE subsequent remedial measures that totally messes with things?
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You don't throw out the SSR if it happened before the injury, even after the manufacture of the design or the product.
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What does Rule 408 / 1152 deal with?
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Offers to compromise
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What do the specialized Relevance rules say in general?
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- These rules all say that X can stay in for Y purpose, unless it's specifically prohibited.
- Plea bargaining is an absolute exculsion. - All of these rules exclude relevant evidence, - unless specifically exempted by proposition 8, they are abrogated. - No specific exceptions under the proposition for these. - All under extrinsic policy |
