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USA · 2L · Evidence

Policy Exclusions & Privilege

Remedial measures, settlement, rape shield.

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  1. 1.FRE 407?

    Evidence of subsequent remedial measures is not admissible to prove negligence, culpable conduct or a defect, but may be admitted for other purposes such as ownership, control, feasibility or impeachment.

    Fed. R. Evid. 407

  2. 2.FRE 408?

    Offers to compromise a disputed claim, and statements made in compromise negotiations, are not admissible to prove or disprove the validity or amount of the claim, or to impeach by prior inconsistent statement.

    Fed. R. Evid. 408

  3. 3.FRE 412?

    Rape shield: evidence of a victim's other sexual behaviour or sexual predisposition is generally inadmissible in proceedings involving alleged sexual misconduct, subject to narrow exceptions.

    Fed. R. Evid. 412

  4. 4.FRE 609(a)(2)?

    Any crime whose elements required proving a dishonest act or false statement must be admitted to impeach, regardless of punishment.

    Fed. R. Evid. 609(a)(2)

  5. 5.Upjohn Co. v. United States (1981) — held?

    Attorney-client privilege protects communications between corporate counsel and lower-level employees made to secure legal advice — rejecting the narrow "control group" test.

    Upjohn Co. v. United States, 449 U.S. 383 (1981)

  6. 6.Old Chief v. United States (1997) — held?

    Where a defendant offers to stipulate to prior-felony status, admitting the name and nature of the prior conviction was an abuse of discretion under FRE 403.

    Old Chief v. United States, 519 U.S. 172 (1997)