Evidence Rule Statements

Evidence Rule Statements - Harmon Evidence Outline Rule 407...

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Harmon Evidence Outline Rule 407 Rule 407: Subsequent Remedial Measures - Rule - Evidence of subsequent remedial measures is inadmissible to prove negligence or culpable conduct in connection with the event. - Exceptions - - 1 st - to prove ownership or control - 2 nd -feasibilty of precautions if controverter. - 3 rd - for impeachment N.Y. Rule- Subsequent Remedial measures: are admissible in a strict liability case to establish defective product or defective manufactured however not to prove defective design. Rule 408: Compromise and offer to compromise Rule : Offers to settle a claim that is disputed is inadmissible to prove liability or amount of the claim . Reasoning : To encourage settlements. Exceptions : May be admitted for …. - Bias or prejudice of a witness - To controvert a contention of undue delay by one of the parties - To prove that a party attempted to obstruct a criminal investigation. Note : There is no severance of a statement admitting liability with an offer to settle under 408 Rule 409: Offers to pay Medical and similar Expenses Rule: Is inadmissible to prove liability for an injury. Note : Statements made in connection with offers to pay medical bills are admissible because courts will server the statement allowing only the admission not the offer to pay. 1
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Rule 410: Offers to plead Guilty Rule: Offers to plead guilty, withdrawn guilty pleas and pleas of nolo are inadmissible against the pleader. Exceptions: Perjury and Impeachment. Rule 411: Liability Insurance Rule - Evidence that a person was or was not insured at the time of an accident is inadmissible to prove negligence. Exceptions : Is admissible to show… 1- agency 2- ownership or control 3- bias or prejudice Note : statements made in connection with ownership of liability insurance are inadmissible No severance . Privileges Rule 501 Rule: Two Parts In…. 1 st diversity cases and 2 nd cases under state law Rule-The privilege of the witness is determined by state law In …. . Criminal cases and federal questions or federal law Rule-The privilege of the witness is determined by modern common law . 2
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4 Kinds of privileges : 1- Confidential communications privileges 2- Incompetence privileges 3- Constitutional privileges 4- Public policy privileges 5 main areas : 1- relationship: Does a protected relationship exist? Test- if the client is seeking professional advice, no compensation need be paid. 2- communication : the actual communication is protected but not the information. If revealed to 3 rd party info will be allowed. 3- Confidentiality : 3 rd party non accentual destroy confidentiality. Test: if 3 rd party is furthering some purpose of the relationship 3 rd part essential and confidentiality not have broken. Common law
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This note was uploaded on 04/17/2008 for the course LAW ? taught by Professor Harmon during the Spring '08 term at Touro NY.

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Evidence Rule Statements - Harmon Evidence Outline Rule 407...

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