PA Bar Practice Questions - Pennsylvania Bar Examination Exam

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During settlement negotiations, the defendant offers to pay the plaintiff $10,000 to settle a disputed claim and, in the same conversation, admits that its product was defective. The plaintiff seeks to introduce both the offer and the admission at trial. Under FRE 408, what is admissible?

Both the offer and the admission are admissible to prove liability Only the admission is admissible because facts are never privileged Only the settlement offer is admissible Neither the settlement offer nor statements made during compromise negotiations are admissible to prove liability

Correct Answer:

Neither the settlement offer nor statements made during compromise negotiations are admissible to prove liability

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