settlement negotiations

Question 1

requirements for rule 408 to apply

Answer 1

liability or worth is not allowed in

there must be:
1. a dispute
2. negotiations regarding that dispute (regarding if theres liability and how much it is worth)

Question 2

the negotiations are not admissible to prove..

Answer 2

evidence of the following is not admissible to prove/disprove the validity or amount of a disputed claim or to impeach by prior inconsistent statement

Question 3

the type of settlement negotiations not admissible includes

Answer 3

1. an offer to accept or give settlement, or promising to
2. anything said or done during settlement cannot be evidence

Question 4

permitted uses of the settlement negotiations- BO-U (3)

Answer 4

1. proving bias
2. negating undue delay
3. proving obstruction

Question 5

criminal case exception

Answer 5

statements made during negotiations with a public office are admissible in later criminal trials

Question 6

scope of protection of settlement negotiations

Answer 6

defines compromise offers and acceptance broadly
- does not protect pre-existing information, merely because it was repeated in negotiations

Question 7

medical expenses

Answer 7

• evidence of paying or offering to pay medical, hospital expenses is not admissible to prove liability
• covers only medical expenses - not wages
• protected when offered to prove liability only

Question 8

criminal plea bargaining - evidence is not admissible against the defendant (4)

Answer 8

1. a guilty plea later withdrawn
2. a no contest plea
3. statements made in court proceedings about the plea
4. statements made during plea discussions that did not lead to an actual plea

Question 9

exceptions of a criminal plea evidence that can be admitted IPA (3)

Answer 9

• if a defendant introduces part of the plea negotiation, other statements can fairly be admitted
• statements made under oath can be use in a perjury prosecution
• only protects failed pleas

Question 10

what qualifies as plea bargaining (2 part test)

Answer 10

1. defendant had an actual, subjective expectation of negotiating a plea
2. the expectation was reasonable under the totality of the circumstances

Question 11

reasonableness factors of plea bargaining test

Answer 11

• charges filed
• discussions of terns
• government expressed interest

Question 12

rule 410 bars plea negotiation evidence against the ___ not the ___

Answer 12

defendant, not the government

Question 13

waivers

Answer 13

prosecutors often require waivers