Compromise and payment of medical expenses - Next Generation Bar Exam

1. After a collision, a driver says, 'I'll pay your hospital bills; I ran the red light.' In the injured person's suit, what portion of the statement is admissible to prove liability?

   The admission that the driver ran the red light. The offer to pay medical expenses is excluded, but Rule 409 does not protect accompanying statements of fault.

2. Under FRE 409, what evidence is inadmissible to prove liability for an injury?

   Furnishing, offering, or promising to pay medical, hospital, or similar expenses. Unlike Rule 408, Rule 409 does not protect accompanying statements, such as admissions of fault.

3. Under United States v. Mezzanatto, what may a defendant do regarding the protection of FRE 410?

   Waive it by agreement, such as allowing plea-discussion statements to be used for impeachment. Absent evidence of an unknowing or involuntary waiver, such agreements are enforceable.

4. What is the status of pre-existing documents presented during settlement negotiations?

   They are not immunized and remain discoverable and admissible on their own merits. A party cannot shield evidence by introducing it in negotiations.

5. Before any dispute arises, a debtor tells a creditor, 'I owe you $5,000, but I can pay only $3,000 now.' On what ground is the statement not protected by FRE 408?

   There was no dispute about the validity or amount of the claim. An admission of an undisputed debt is not a compromise of a disputed claim.

6. What does FRE 408 exclude when offered to prove or disprove the validity or amount of a disputed claim?

   Offers or acceptances of compromise, and conduct or statements made during compromise negotiations. Such evidence also may not be used to impeach by a prior inconsistent statement or contradiction.

7. For what purposes may compromise evidence be admitted under FRE 408(b)?

   Purposes such as proving a witness's bias, negating undue delay, or proving obstruction of a criminal investigation. The listed purposes are examples, not an exclusive list.

8. Under FRE 410, what plea-related evidence is inadmissible against the defendant who made the plea or participated in the discussions?

   Withdrawn guilty pleas, nolo contendere pleas, and statements in plea discussions with an attorney for the prosecuting authority. Statements made in court proceedings on such pleas are also excluded.

9. What is the status under FRE 410 of statements a suspect makes to police officers who lack authority to negotiate a plea?

   They are not protected by FRE 410. The rule covers plea discussions with an attorney for the prosecuting authority.

10. In a criminal case, what compromise-negotiation evidence is admissible under FRE 408(a)(2)?

    Conduct or statements made in negotiations with a public office exercising regulatory, investigative, or enforcement authority. Statements made to a government agency in civil settlement talks may be used in a later criminal prosecution.

11. What must exist for FRE 408 to apply?

    A dispute about the validity or amount of a claim. Statements made before any dispute arises are not protected.

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