When trying to decide if you are dealing with habit evidence, what kinds of words shouldn't you look for?
frequently, often, usually, generally
Is negative habit evidence admissible under FRE 406?
Evidence of subsequent remedial measures under FRE 407 is inadmissible to prove what?
negligence, culpable conduct, a defect in a product, a defect in product design, or a need for warning/instruction
Under FRE 407 SRM can be used to show what?
ownership, control, or the feasibility of precautionary measures
SRM under FRE 407 must have taken place when to be inadmissible?
after the incident in question
What is the public policy reason behind excluding SRM under FRE 407?
want to encourage SRM b/c want safe products
If a D claims a different design wasn't feasible to prevent an accident, evidence that the D did make subsequent changes to make the design safer are admissible to show what?
admissible to show that different design was feasible
Under FRe 408 evidence of an offer to settle a claim, which is disputed either as to validity or amount, is inadmissible to prove what?
What is the public policy reason behind excluding compromises and offers to compromise under FRE 408?
want ppl to settle cases out of court whenever possible
May evidence of an offer to compromise be used to impeach with a prior inconsistent statement under FRE 408?
Under FRE 408 compromises and offers to compromise may be used to do what?
(1) prove bias or prejudice on the part of the W
(2) negate a contention of undue delay
(3) prove an effort to obstruct a criminal investigation or prosecution
For FRE 408 to exclude compromises and offers to compromise, there must be a dispute as to what?
liability or the amount of damages owed
Who determines whether compromise negotiations existed?
Under FRE 409 evidence of offering or promising to pay medical, hospital, or similar expenses resulting from an injury is inadmissible to prove what?
liability for the injury however contemporaneous statements are admissible
Under FRE 410 pleas, plea discussions, and related statements are inadmissible against whom?
criminal D if they were made during a plea or plea discussions with a prosecuting attorney
What does the rule regarding the inadmissibility of pleas, plea discussions, and related statements apply to?
(1) pleas of guilty later w/drawn
(2) pleas of nolo contendere (no contest)
(3) offers to plead guilty
FRE 410 regarding the inadmissibility of pleas, plea discussions, and related statements doesn't apply to what?
statements made to LEOs unless there is an attorney for the government is present
If a D pleads guilty, the guilty plea may be admitted substantively as an admission in what?
subsequent civil or criminal cases or to impeach if D testifies
Under FRE 411 evidence that a person was or wasn't insured against liability is inadmissible to prove what?
whether the person acted negligently or otherwise wrongfully
When may evidence of insurance against liability be admitted?
(1) to prove W bias or prejudice
(2) to prove agency, ownership, or control
Are the limits of insurance coverage ever admissible?
Is pretrial discovery of insurance coverage usually allowed?
Under the Rape Shield Law in FRE 412 in any civil or criminal proceeding involving alleged sexual misconduct, reputation and opinion evidence is generally inadmissible to prove what?
(1) that a V engaged in other sexual behavior
(2) V's sexual predisposition
What does sexual behavior as described in FRE 412 include?
actual sexual physical conduct as well as the use of contraceptives, fanatsies, and any activities that imply sexual activity
What does sexual predisposition include in the context of FRE 412?
how a person dresses, lifestyle choices, and speech
Under the Rape Shield Law of FRE 412 evidence that V engaged in other sexual behavior or a V sexual predisposition isn't admissible unless what?
(1) notice is given to the opposing party
(2) the evidence is reviewed in camera by the judge; and
(3) the evidence alleges sexual misconduct
In a criminal case, specific acts are admissible under FRE 412 in what 3 cases?
(1) offered to prove that someone other than the D was the source of semen, injury, or other physical evidence
(2) with respect to the person accused of the sexual misconduct if offered by D to prove consent or if offered by the P
(3) evidence of V's other sexual conduct whose exclusoin would violate the D's constitutional rights
In civil cases a balancing test is used where evidence offered to prove the sexual behavior or sexual predisposition of any alleged V is admissible if what?
the probative value substantailly outweighs the harm to the V or the danger of unfair prejudice to any party
Does the Rape Shield Law of FRE 412 apply just to the alleged V in a particular case?
no it can be any W who is an alleged V of sexual misconduct
In a criminal case in which the D is accused of child molestation or sexual assault may the court admit evidence that the D committed any other sexual assault or child molestation?
In a civil case in which a claim for damages or other relief is predicated on a party's alleged commission of sexual assault or child molestation may a court admit evidence that the party committed any other sexual assault or child molestation?
Evidence of similar crimes in sexual assault and child molestation cases may be considered on what?
any matter to which it is relevant
when will evidence of similar crimes in sexual assault and child molestation cases be excluded or limited?
if the evidence would be too inflammatory or otherwise explosive or cumulative
Do the prior acts used in criminal cases regarding similar crimes of sexual assault and child molestation cases need to have been tried?
no they must simply meet the requirement that the jury could find by PoE that other acts occurred