Privileges

Question 1

Spousal Immunity

Answer 1

spouse of a criminal Defendant may not be called as a witness in the prosecution.
o Fed Courts and Majority of States: the witness spouse holds privilege and may choose to testify
o Applies to testimony about events that occurred before and during marriage
o Privilege can only be asserted during valid marriage. Terminates when marriage terminates

Question 2

Confidential Marital Communications

Answer 2

Communication is made between spouses while they were married, if the communication was made in reliance on the sanctity of marriage.
o Privilege is held by both spouses
o Applies to both civil and criminal cases
o Privilege Extends beyond the termination of marriage.

Question 3

Both Spousal Privileges

Answer 3

• NEITHER PRIVILEGE APPLIES WHERE ONE SPOUSE IS SUING THE OTHER OR ONE SPOUSE IS CHARGED WITH A CRIME AGAINST THE OTHER SPOUSE.

Question 4

Attorney Client Privilege

Answer 4

Confidential communication b/w client and atty for purpose of seeking legal advice or representation. Privilege lasts until it’s waived (even past death.)

Question 5

Exceptions to Atty Client Privilege

Answer 5

• Made to enable what client knew or should’ve known was a crime/fraud
• Relevant to dispute b/w atty and client (malpractice)
• Relevant to dispute b/w parties who claim through same deceased client
• B/w former clients who are now adverse.

Question 6

Work Product Privilege

Answer 6

mental impressions, conclusions, and trial tactics are always protected from discovery. Other work product can only be obtained by other party if they establish substantial need for info & undue hardship without it.

Question 7

Physician - Patient Privilege

Answer 7

Privileged so long as made for the purpose of obtaining medical treatment. Patient holds privilege.

Question 8

Psychotherapist-Patient Privilege

Answer 8

Patient holds priv. But not if mental condition is at issue, statement was from a court ordered exam, or case is commitment proceeding against patient.

Question 9

Self-Incrimination 5th Amendment

Answer 9

doesn’t apply to physical characteristics/mannerisms, and only applies to natural human beings.

Question 10

Public Policy Exclusions

Answer 10

• Subsequent Remedial Measures
• Compromise offers and negotiations
  
  • NOT excluded if the compromise offer was made before the claim/suit even arose*
• Offers to Pay medical expenses
• Plea negotiations
• Liability Insurance
• Sexual Conduct

Question 11

Sexual Conduct not admissible EXCEPT:

Answer 11

• to prove consent
• to prove someone else was the source of semen
• Civil cases: probative value substantially outweighs unfair prejudice.