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10 Cards in this Set

  • Front
  • Back
FRE 407 Subsequent Remedies
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
FRE 407 Rationale
(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
FRE 408 Compromise
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
FRE 408 Rationale
(1) Compromise "may be motivated by a desire for peace rather than from any concession of weakness of position"
(2) Encourage compromise
FRE 409 Medical Expenses
BARS: offer or payment of medical costs
TO PROVE: liability
FRE 409 Rationale
(1) Offer is "usually made from humane impulses"
(2) admitting evidence "would tend to discourage assistance"
FRE 411 Liability Insurance
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
FRE 411 Rationale
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
FRE 410 Pleas
BARS (agst the def'): (1) guilty plea later withdrawn (2) nolo contendere plea (3) statements in plea proceedings (4) statements in plea talks with prosecutor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
FRE 410 Rationale
(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