3) Privileges

Question 1

atty-client privilege: who claims: CA rule

Answer 1

atty MSUT claim priv on behalf of client

Question 2

atty-client privilege: who claims: CA vs FRE

Answer 2

CA: atty MSUT claim priv on behalf of client

FRE: atty may claim, or C can claim too

Question 3

atty-client privilege: when ends: CA rule

Answer 3

CA: when estate of C is distributed + executor is discharged

Question 4

atty-client privilege: when ends: FRE vs CA

Answer 4

CA: when estate of C is distributed + executor is discharged

FRE: survives C’s death (w/o limit)

Question 5

atty-client priv: exception CA rule

Answer 5

(in ad to FRE exceptions)

privilege does not apply where L reasoanbly believes disclosure of com is necessary to prevent crime that is liekly to result in death or SBH

Question 6

atty-C priv: exception CA vs FRE

Answer 6

CA has extra exception for L reasonably believes disclosure necessary to prevent crime–>death/SBH

not a FRE exception (no equiv)

Question 7

dr pt priv: CA rule

Answer 7

sts made by pt to dr for purpose of obtaining med tx/dx for phys/mental/emo condition are privileged

Question 8

dr pt priv: CA rule vs fre

Answer 8

fre dnh one

Question 9

dr pt priv: CA rule: who holds the priv

Answer 9

pt

Question 10

dr pt priv: CA rule: exceptions

Answer 10

1) pt puts phys or mental condition at issue in the case (ex. PI)
2) Dr’s services sought to aid in crime or fraud, or to escape capture after a crime or tort
3) lawsuit involves dr pt rship (ex. malpractice)
4) where dr. required to report info (gunshot wounds, some communicable diseases)

Question 11

exceptions to psychotherapist/pt priv: CA AND FRE

Answer 11

1) pt puts mh at issue in case
2) therapist’s services sought to aid in crime or fraud, or escape capture after crime/tort
3) lawsuit involves p-p rship (ex malpractice)
4) commitment proceedings
5) pt is danger to self or others
6) pt under 16 + therapist reasonably believes child is V of crime + disclosure in child’s best interest

Question 12

exception to psychotherapist/pt priv: CA ONLY

Answer 12

Tarasoff exception: if psychotherapist has reasonable cause to bleieve that pt is danger to self or others
AND disclosure is nec to end danger
then, psychotherapist must disclose (duty to warn)

Question 13

spousal privilege/immunity: when applies: CA rule

Answer 13

civil + crim cases

Question 14

spousal privilege/immunity: when applies: CA vs FRE

Answer 14

CA: civil + crim
Fed: crim only!

Question 15

spousal privilege/immunity: scope: CA rule

Answer 15

witness spouse is privileged not even to be called to the stand (and not to testify)

Question 16

spousal privilege/immunity: scope: CA vs fed

Answer 16

CA: witness spouse is privileged not even to be called to the stand (and not to testify)

fed: only to not testify, not to not be called

Question 17

CA additional privileges (not under FRE)

Answer 17

1) journalist

2) sexual assault or dv counselor

Question 18

journalist privilege: CA

Answer 18

immunity from contempt of court for news reporter who refuses to disclose sources

Question 19

sexual assault / dv counselor: CA (+exception)

Answer 19

confidential coms w authorized sexual assault or dv counselor or caseworker are privileged

V is holder

EXCEPTION: privilege not absolute–court can compel disclosure where probative value of sts outweighs prejudicial effect