Chapter 6 Flashcards
What is privilege?
A benefit or right enjoyed by a person.
What is judicial notice?
On general matters it allows judges and jurors to recognize facts that are commonly known to them without formal evidence.
Example establishing the sex of a human by looking at them.
What is Self incriminating privilege?
Only privilege incorporated in US constitution in the 5th amendment. Only applies to evidence of a communicative or testimonial nature.
What us attorney client privilege?
Oldest of the privilege. Is to encourage full and frank communication between client and attorney. Client must intents on making a relationship and to confidential communications.
What is husband wife privilege?
States that spouse can not be forced to testify against the other. Also known as marital privilege in all states and federal government. Only to communications intended for the other spouse. Made in confidence and they must be together.
What is partnership in crime exception to husband wife privilege?
Privilege doesn’t extend to them committing crimes together.
What is physician patient privilege?
Only exists in states that created it not by common law, but by state law for state courts; belongs to the patient and may be waived by the patient
