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Module 1: Trial basics, Role of the Jury, Direct v. Circumstantial…

- - - - Evidence that a party took a remedial measure following the occurrence of an accident or injury is generally inadmissible (Remedial measure: any measure that would have made the accident less likely to occur if it had been in place before the accident or injury qualifies as a subsequent remedial measure)
      - Three elements: a party, engaged in a remedial measure, after the accident that is the subject of the suit (for example, a repair, change in procedure, change in the schedule, limiting the number of drinks a patron can have at a bar) POLICY: the law wants to encourage parties to take safety measures
      - If the evidence is offered for any reason other than one of the following reasons it is admissible: negligent, capable conduct, product was defective or needed for a warning
      - What is the evidence being offered to prove? Whether it is admissible or not.
        
        Settlements and Offers to Compromise – Federal rule 408 Offered to settle to settle a case is inadmissible to prove the validity, value or invalidity of a claim… when the offerree turns down the offer, plaintiff brings a suit and plaintiff brings a settlement and the store ants to bring up the settlement, rejected settlement offers and when the offer is accepted… (policy what lawyer would ever want to settle a case; encourages party to enter into settlement talk) there are some
        
        Medical Expenses – Exclusion for an offer to pay medical expenses for example if you were in a car accident and it was your fault and offer to pay for the victim to pay hospital bills that is inadmissible
        
        Criminal Plea Bargaining – Criminal setting, designed to encourage plea bargaining
        Four things are covered: a plea of no la contender (no contest) cannot later be used against the defendant, a plea of guilty that is withdrawn may not be used against the defendant at trial in subsequent litigation, (this may be used against him in subsequent litigation), statements made in plea discussions are protected) statements made during the actual plea proceedings in correct are inadmissible in later litigation
        
        Liability Insurance – The rule that excludes liability insurance – evidence that a person was or was not insured against liability is not admissible to prove that person acting negligently or wrongfully; this tells us very little about whether the person acted negligently on a particular occasion if it offered to prove the person acted negligently but if it is offered to prove something is… agency or ownership it is admissible.