test.txt

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Author:
Anonymous
ID:
225779
Filename:
test.txt
Updated:
2013-07-03 03:57:39
Tags:
evidence crs
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Description:
evidence - crs
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  1. Liability insurance
    Inadmissible to show culpable conduct or ability to pay (deep pockets), but admissible for other purposes
  2. Offers to settle, pleas, settlements, and related statements
    • inadmissible against the defendant to show liability or fault in a civil case, or to prove guilt in a criminal case (or no lo contendere). In order to settle something, there first must be a claim asserted (filing of a lawsuit; you’re going hear from my lawyer) and in dispute.
    • Exception: If the future defendant just blurts out something, and there is no claim yet (or threatened) and no settlement rule applicable. Admissible.
    • Exception: no dispute as to liability or damages - Defendant said “I admit I owe you the full $10,000 you are claiming, but I'll only pay you $5,000. Take it or leave it!” Admissible
  3. Specific instances of bad conduct may be admitted to prove anything other than character that is relevant
    • Motive
    • Intent
    • Mistake
    • Identity
    • Common plan or scheme

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