ND Bar Practice Questions - North Dakota Bar Examination Exam

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During settlement negotiations, the defendant says, 'I'll pay you $10,000 to drop this — I know my driver ran the light.' At trial, the plaintiff offers the statement. Under FRE 408, the statement is:

Admissible because it is an admission of fault Admissible because settlement talks are not privileged Inadmissible to prove liability, because conduct or statements made during compromise negotiations of a disputed claim are excluded Inadmissible only if a lawyer was present

Correct Answer:

Inadmissible to prove liability, because conduct or statements made during compromise negotiations of a disputed claim are excluded

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