3 ms·

Not trying to sound like I am "Mr. Lawyer", but I did take a class on evidence this semester. But, more to the point: If (s)he were to try and settle the dispu

by Judson 16y ago

Not trying to sound like I am "Mr. Lawyer", but I did take a class on evidence this semester. But, more to the point: If (s)he were to try and settle the dispute, it cannot be used against the defendant in court to prove negligence or wrongdoing. Ironically, this is so that people will be willing to settle disputes out of court, instead of clogging the court system with tons of suits. So, giving the money back, in an attempt to settle the dispute, does not enable further suit.

cperciva 16y ago
Is that a blanket rule for attempts-to-resolve-disputes, or does it only apply to negotiations after a lawsuit has been filed?
- sdurkin 16y ago
  All attempts to negotiate or compromise cannot be offered in court as proof of liability. Rule 408. Compromise and Offers to Compromise (a) Prohibited uses.—Evidence of the following is not admissible on behalf of any party, when offered to prove liability for, invalidity of, or amount of a claim that was disputed as to validity or amount, or to impeach through a prior inconsistent statement or contradiction: (1) furnishing or offering or promising to furnish or accepting or offering or promising to accept a valuable consideration in compromising or attempting to compromise the claim Those are the Federal rules. They vary from state to state, but most are pretty close.
  - cperciva 16y ago
    furnishing or offering or promising to furnish or accepting or offering or promising to accept a valuable consideration in compromising or attempting to compromise the claim Does "the claim" here mean "anything people were arguing about", or does it specifically mean a lawsuit which had been filed?
    - sdurkin 16y ago
      A claim means any dispute for which one party believes it is entitled to a remedy. Its not necessary that a suit have been filed. If you're worried about ways settlement offers can potentially be used against you, remember that the rule only bars using such evidence for the purpose of proving liability. As long as its offered for some other purpose, it can be allowed in. And once a jury hears the evidence, in practice it doesn't really matter for what purpose they were told to consider it.
      - cperciva 16y ago
        Thanks! I doubt I'll ever need to know this stuff (I certainly hope I'll never need to know it!) but I always like learning about how such systems work.

by Judson 16y ago

cperciva 16y ago

Is that a blanket rule for attempts-to-resolve-disputes, or does it only apply to negotiations after a lawsuit has been filed?

sdurkin 16y ago
All attempts to negotiate or compromise cannot be offered in court as proof of liability. Rule 408. Compromise and Offers to Compromise (a) Prohibited uses.—Evidence of the following is not admissible on behalf of any party, when offered to prove liability for, invalidity of, or amount of a claim that was disputed as to validity or amount, or to impeach through a prior inconsistent statement or contradiction: (1) furnishing or offering or promising to furnish or accepting or offering or promising to accept a valuable consideration in compromising or attempting to compromise the claim Those are the Federal rules. They vary from state to state, but most are pretty close.
- cperciva 16y ago
  furnishing or offering or promising to furnish or accepting or offering or promising to accept a valuable consideration in compromising or attempting to compromise the claim Does "the claim" here mean "anything people were arguing about", or does it specifically mean a lawsuit which had been filed?
  - sdurkin 16y ago
    A claim means any dispute for which one party believes it is entitled to a remedy. Its not necessary that a suit have been filed. If you're worried about ways settlement offers can potentially be used against you, remember that the rule only bars using such evidence for the purpose of proving liability. As long as its offered for some other purpose, it can be allowed in. And once a jury hears the evidence, in practice it doesn't really matter for what purpose they were told to consider it.
    - cperciva 16y ago
      Thanks! I doubt I'll ever need to know this stuff (I certainly hope I'll never need to know it!) but I always like learning about how such systems work.