Evidence - Specialized Relevance Rules

Front 1

FRE 407 Subsequent Remedies

Back 1

BARS: subsequent remedial measures
TO PROVE: negligence, culpable conduct, product defect or need for warning
BUT NOT TO PROVE: other things "SUCH AS" ownership, control, or feasability if controverted, or to impeach

Front 2

FRE 407 Rationale

Back 2

(1)Evidence of remedy is often only weak evidence of negligence bc we cant say that "bc the world gets wiser as it gets older, therefore it was foolish before."
(2) to encourage remedies

Front 3

FRE 408 Compromise

Back 3

BARS: compromise/attempt to compromise a disputed claim and statements/conduct in negotations
TO PROVE: liability/invalidity of claim
BUT NOT TO PROVE: other things "SUCH AS" witness bias, lack of undue delay, or obstruction of criminal investigation

Front 4

FRE 408 Rationale

Back 4

(1) Compromise "may be motivated by a desire for peace rather than from any concession of weakness of position"
(2) Encourage compromise

Front 5

FRE 409 Medical Expenses

Back 5

BARS: offer or payment of medical costs
TO PROVE: liability

Front 6

FRE 409 Rationale

Back 6

(1) Offer is "usually made from humane impulses"
(2) admitting evidence "would tend to discourage assistance"

Front 7

FRE 411 Liability Insurance

Back 7

BARS: liability insurance or lack of it
TO PROVE: negligence/wrongful action
BUT NOT TO PROVE: other things "SUCH AS" agency, ownership, control or witness bias

Front 8

FRE 411 Rationale

Back 8

1(a) it is unlikely that the insured are more careless or that the uninsured are more careful (b) the jury might otherwise seek deep pockets or reduce recovery to injured plfs
(2) exclusion avoids a windfall for the opponent of an insured party

Front 9

FRE 410 Pleas

Back 9

BARS (agst the def'): (1) guilty plea later withdrawn (2) nolo contendere plea (3) statements in plea proceedings (4) statements in plea talks with prosecutor
BUT "ADMISSIBLE": (i) to complete partial account of plea discussions (ii) in perjury prosecution if statement under oath, on record and in counsel's presence

Front 10

FRE 410 Rationale

Back 10

(1) a def', although not guilty, might offer a plea to avoid the risk of loss after trial and an even greater penalty
(2) Exclusion will promote plea bargaining