Discovery - Class 3/4/24

Question 1

__________ is a legal mechanism that prevents you from having to turn something over.

Answer 1

Privilege

Question 2

___________ exist in common law, rules, and statutes.

Answer 2

Privileges

Question 3

The bulk of primary privilege that is used in almost every state are found in the _________ of _________.

Answer 3

Rules of Evidence

Question 4

There is no rule that talks about _____________ privilege. But it is recognized in federal law and without it you could not do your job as an attorney.

Answer 4

Attorney-client

Question 5

Privileges come from all kinds of sources. There are hundreds of federal privileges. There is no rule book because it doesn’t exist. True or False.

Answer 5

True

Question 6

Some privileges exist in ____ law that don’t exist in _______ law. Common example is:
Privilege and Work-Product Production
Attorney- Client
Work-Product Privilege or Exemption
Clergy- Penitent (tell something to a priest it is privileged)
Doctor-patient privilege doesn’t exist under __________ law.

Answer 6

State
Federal
Federal

Question 7

Rule __________ provides that all relevant matters are discoverable, subject to the limitations of Rule 26(b)(2), so long as they are “no privileged.”

Answer 7

26(b)(1)

Question 8

Rule 26(b)(1) provides that all relevant matters are discoverable, subject to the limitations of Rule 26(b)(2), so long as they are ______________.

Answer 8

Nonprivileged

Question 9

A ___________ rule allows certain persons the right to withhold information from disclosure.

Answer 9

Privilege

Question 10

A _____________ rule allows certain persons the right to withhold information from disclosure. These are areas where the law has recognized and protected the need for open communication in certain relationships: (spouses, clergy, psychologists, etc.)

Answer 10

Privilege

Question 11

In Attorney-Client privilege:
_________ always owns the privilege.

Answer 11

Client

Question 12

The classic definition of the attorney-client privilege from Wigmore on Evidence is as follows:
1.
2.
3.
4.
5.
6.
7.
8.

Answer 12

1. Where legal advice of any kind is sought
2. From a professional legal advisor in his capacity as such,
3. the communications relating to that purpose,
4. Made in confidence
5. By the client
6. Are at his insistence permanently protected.
7. From disclosure by himself or by the legal adviser,
8. Except when the protection is waived

Question 13

The classic definition of the attorney-client privilege from Wigmore on Evidence is as follows:
1. ?
2.
3.
4.
5.
6.
7.
8.

Answer 13

1. Where legal advice of any kind is sought

Question 14

The classic definition of the attorney-client privilege from Wigmore on Evidence is as follows:
1.
2. ?
3.
4.
5.
6.

Answer 14

2. From a professional legal advisor in his capacity as such,

Question 15

The classic definition of the attorney-client privilege from Wigmore on Evidence is as follows:
1.
2.
3. ?
4.
5.
6.
7.
8.

Answer 15

3. The communications relating to that purpose

Question 16

The classic definition of the attorney-client privilege from Wigmore on Evidence is as follows:
1.
2.
3.
4. ?
5.
6.
7.
8.

Answer 16

4. Made in confidence

Question 17

The classic definition of the attorney-client privilege from Wigmore on Evidence is as follows:
1.
2.
3.
4.
5. ?
6.
7.
8.

Answer 17

5. By the client

Question 18

The classic definition of the attorney-client privilege from Wigmore on Evidence is as follows:
1.
2.
3.
4.
5.
6. ?
7.
8.

Answer 18

6. Are at his insistence permanently protected

Question 19

The classic definition of the attorney-client privilege from Wigmore on Evidence is as follows:
1.
2.
3.
4.
5.
6.
7. ?
8.

Answer 19

7. From disclosure by himself or by the legal adviser

Question 20

The classic definition of the attorney-client privilege from Wigmore on Evidence is as follows:
1.
2.
3.
4.
5.
6.
7.
8. ?

Answer 20

8. Except when the protection is waived

Question 21

Anybody working in the law office is governed by the privilege. True or False.

Answer 21

True

Question 22

The __________ protects only ______________ between the attorney and client, not the information or facts underlying those communications.

Answer 22

Privilege
Communications

Question 23

What somebody has done is __________. What somebody is about to do it ________.

Answer 23

Protected
Not

Question 24

Only the _________ can authorize you ti break the attorney-client privilege.

Answer 24

Client

Question 25

Attorney- Client Privilege
The client must be communicating with the attorney for purposes of securing _________ _________.

Answer 25

Legal advice

Question 26

Attorney-Client Privilege
The attorney and the client must believe that the communication is being made in ____________.

Answer 26

Confidence

Question 27

Attorney-Client Privilege.
The privilege must not be ____________.

Answer 27

Waived

Question 28

Attorney- Client Privilege
The privilege exists to protect the client and can only be ___________ by the ________.

Answer 28

Waived by the Client

Question 29

With privilege we are taking about things that are ___________.

Answer 29

Relevant

Question 30

In order to overcome the protections of the attorney work-product doctrine, a requesting party must show both a _____________ _________ for the info and that it is not available from any other source.

Answer 30

Substantial need

Question 31

In order to overcome the protections of the attorney work-product doctrine, a requesting party must show both a substantial need for the info and that it is _______ ____________ _________ _________ __________ _________.

Answer 31

Not available from any other source.

Question 32

In order to overcome the protections of the attorney work-product doctrine, a requesting party must show both a “substantial need” for the info and that it is not available from any other source. In other words, it must present some solid indication that the information is ___________ to the case. The requesting party must also “demonstrate an _____________ to obtain ____________ ___________ without __________ ___________.

Answer 32

Important
Inability
Equivalent evidence
Undue hardship

Question 33

In order to overcome the protections of the attorney-work product doctrine, a requesting party must show both a “substantial need” for the info and that it is not available from any other source. In other words, it must present some solid indication that the information is important to its case. The requesting party must also “demonstrate an inability to obtain equivalent evidence without undue hardship.” Even if the requesting party makes this showing, the “___________ ___________, ____________, ___________, or ___________ __________ of a party’s attorney” are still protected.

Answer 33

Mental impressions
Conclusions
Opinions
Or legal theories

Question 34

Protects only communications between attorney and client (and all of the staff at the firm.) =

Protects all documents and tangible things =

Answer 34

Attorney- Client Privilege

Work- Product Doctrine

Question 35

Communication must be made in confidence. =

Extends to material prepared by non-attorney reps (legal assistant goes out and does something). =

Answer 35

Attorney-client privilege

Work-product doctrine

Question 36

Extends to all communications, so long as legal advice is being sought. (Emails, phone calls, text messages, etc.) =

Only extends to material prepared in anticipation of litigation or trial =

Answer 36

Attorney Client Privilege

Work-Product Doctrine

Question 37

If privilege is established, information not discoverable unless waived by client. =

Even where it exists, can be overcome by showing of substantial need (except for mental impressions of atty). =

Answer 37

Attorney-Client Privilege

Work- Product Doctrine