Remedial measures, settlements, and insurance Bar Exam Flashcards - Medical Study Cards
Master Remedial measures, settlements, and insurance with Oncourse flashcards. These spaced repetition flashcards are designed for medical students preparing for NEET PG, USMLE Step 1, USMLE Step 2, MBBS exams, and other medical licensing examinations.
Remedial measures, settlements, and insurance Flashcard Deck - 8 Cards
Flashcard 1: Distinguish between Rule 408, Rule 409, and Rule 411 regarding the requirement of a disputed claim.
Answer: Rule 408 (compromise negotiations) requires a claim disputed as to validity or amount. Rule 409 (medical expenses) does not require a disputed claim. Rule 411 (liability insurance) does not require a disputed claim.
Flashcard 2: What must exist before Rule 408 excludes compromise negotiations?
Answer: There must be a disputed claim as to validity or amount, and a compromise offer, acceptance, or related conduct or statements made during negotiations to resolve it. The evidence is excluded when offered to prove or disprove the claim or to impeach, but may be admitted for another purpose.
Flashcard 3: What is work product protection, and what does it require?
Answer: Work product protection shields documents and tangible things prepared by or for a party or its representative in anticipation of litigation or for trial. It requires that litigation was reasonably anticipated and the material was prepared because of that anticipated litigation, not in the ordinary course of business.
Flashcard 4: Distinguish between an evidentiary privilege and a policy exclusion.
Answer: An evidentiary privilege protects specified confidential communications or information from compelled use, based on a relationship (e.g., attorney-client). A policy exclusion restricts particular evidence for particular purposes, often to encourage socially desirable conduct (e.g., subsequent remedial measures).
Flashcard 5: What does Rule 409 exclude, and what does it leave admissible?
Answer: Rule 409 excludes offers, promises, or actual attempts to pay or furnish medical, hospital, or similar expenses resulting from an injury, but it does not exclude accompanying admissions, conduct, or statements.
Flashcard 6: What does the federal psychotherapist-patient privilege protect?
Answer: Under Jaffee, it protects confidential communications between a patient and a licensed psychotherapist or clinical social worker made during diagnosis or treatment; the privilege has no general balancing exception and may be waived by voluntary disclosure.
Flashcard 7: What is the common-interest rule for attorney-client communications?
Answer: Parties with a shared legal interest may disclose privileged communications to one another or their attorneys without waiving the attorney-client privilege as to outsiders. The protection applies only while the parties share a common legal interest, not merely a common business or financial interest.
Flashcard 8: How do the two spousal privileges differ?
Answer: The spousal testimonial privilege generally permits a witness-spouse to refuse to testify against the other spouse in a criminal case, while the confidential marital communications privilege protects confidential communications made during the marriage in civil or criminal cases. The testimonial privilege belongs to the witness-spouse; both spouses generally hold the marital-communications privilege, which survives divorce.
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