L3_Policy Exclusions 요약영상

Stop memorizing the policy exclusions as five separate rules. Let's turn them into one picture, a gate with two lanes. Every item in this lesson is relevant. A repair after an accident, a settlement offer, an offer to pay medical bills, plea talks, and liability insurance. They all say something about fault, but the law wants people to fix hazards, settle disputes, help the injured, negotiate pleas, and carry insurance. So it closes one lane. If the item is offered to prove fault, the gate is shut. If it's offered for another purpose, the other lane may be open. So the only question is, offered to prove what? Let's start with Rule 407, Subsequent Remedial Measures. After someone gets hurt, the defendant fixes the problem. Say a customer slips on a wet floor, and afterward the store puts down non-slip mats. The customer can't use those mats to prove the store was negligent. Timing matters. The fix has to come after the injury. A change made before the accident isn't covered at all. But the other lane is open for impeachment. 캘리포니아 트위스트 The federal rule also covers product defect claims. But in ALT, a vehicle maker changed a gearbox design after a crash, and the California Supreme Court let that change in on the strict product's liability claim. So in California, the bar only protects against negligence. Next, Rule 408, Settlements. First, there has to be a claim that's actually disputed, either as to whether it's valid or how much it's worth. Once you're at the settlement table, the offer is out, and so is everything said during the talks. So if a driver says, I'll give you $3000, I was texting and blew the stop sign, both the offer and the admission stay out on fault. They can't even be used to impeach as a prior inconsistent statement, but the same words blurted out at the scene, before any dispute, aren't protected, and the other lane is open for things like showing a witness's bias or negating a claim of undue delay. Rule 409 is much narrower. An offer to pay medical bills is out, but the facts said along with it come in. So I'll cover your hospital bills, I ran the red light. The offer stays out. The admission comes in. And in California, remember Section 1160. An expression of sympathy after an accident is out too, but a statement of fault still comes in. Rule 410 covers pleas. Four things are kept out against the defendant. A withdrawn guilty plea, a no contest plea, statements at the plea hearing, and statements in plea talks with the prosecutor that don't end in a guilty plea. Notice who's on the other side of the table. It has to be the prosecutor, not the police. Picture a burglary suspect telling a detective, put in a good word for me, and I'll admit I was in the house. That isn't protected. It can come in. And the protection can be waived. In Mezzanatto, the defendant agreed, as a condition of plea talks, that his statements could be used to impeach him if he testified differently. The Supreme Court enforced that deal. In California, there's a bigger twist. In a criminal case, Proposition 8 can override the plea rule, Section 1153. So the statement may come in, subject to a 352 balance. Finally, Rule 411, liability insurance. Whether someone was insured or wasn't can't be used to prove they acted carelessly. It cuts both ways. The plaintiff can't say he's insured so he was careless, and the defendant can't say I had no insurance so I must be careful. But the other lane is open for agency, ownership or control, and for a witness's bias. Say the defense calls an investigator who found no hazard. On cross, the plaintiff shows the investigator works for the defendant's insurer. That comes in to show bias, with a limiting instruction. So here's the whole picture. Five items, the fix, the deal, the bill, the plea, and the policy. Each one is relevant, and each one is barred to prove fault. Check the setup first. After the injury, a disputed claim, the prosecutor. Then look for another purpose, like impeachment, bias, or feasibility. And for California, remember Alt, Sympathy, and Prop 8. Don't memorize it, just ask, offered to prove what.