Evidence Flashcards
Privilege
What type of law applies to claims arising under federal law?
Federal law applies to both substantive and procedural issues.
What must a court recognize in a claim involving federal common law privilege?
The court should only recognize the plaintiff’s claim of privilege if it involves a federal common law privilege.
True or False: There is a physician-patient privilege recognized under federal law.
False
What should a court do regarding a plaintiff’s claim of privilege if there is no federal physician-patient privilege?
The court should reject the plaintiff’s claim of privilege.
Fill in the blank: Federal rules of privilege apply to claims arising under _______.
federal law
What is the attorney-client privilege?
Communications between attorney & client made to obtain or provide legal assistance for client
Client holds privilege forever, even after client is no longer represented or dies.
What does work product privilege protect?
Materials prepared by or for attorney in preparation for litigation
This privilege helps ensure that attorneys can prepare their cases without fear of having their strategies exposed.
What is marital communications privilege?
Communications between spouses during marriage
Both spouses hold privilege, even after marriage has ended.
What is spousal immunity?
Shields spouse from testifying against criminal defendant-spouse about events that occurred before or during marriage
Witness-spouse holds privilege until marriage ends.
What is the psychotherapist-patient privilege?
Communications between psychotherapist (or clinical social worker) & patient made for diagnosis or treatment for mental or emotional condition
Patient holds privilege & psychotherapist must assert in patient’s absence.
What does the religious privilege protect?
Communications between clergy member & penitent
Penitent holds privilege & clergy member must assert in penitent’s absence.
True or False: Federal courts apply common law privileges in all cases.
False
Federal courts apply common law privileges except in diversity cases where state rules apply.
When a claim arises under federal law, what law applies?
Federal law applies to both substantive and procedural issues
This includes cases like federal civil rights laws.
What does the attorney-client privilege protect?
Communications made for the purpose of obtaining or providing legal assistance for the client and intended to be confidential
This privilege is crucial for maintaining the confidentiality of the client’s legal matters.
Who does the attorney-client privilege extend to?
The attorney’s agents, such as consultants and legal assistants
The privilege ensures that communications with agents who assist in legal representation remain confidential.
What type of communications are not protected by the attorney-client privilege?
Communications that are merely incidental to legal representation, such as discussions about legal fees
These incidental communications do not serve the purpose of legal assistance.
Is a forensic accountant considered an agent of the attorney?
Yes, if retained by the attorney to assist with legal representation
In this context, the forensic accountant’s communications can be protected under the attorney-client privilege.
Are conversations about attorney’s fees protected by the attorney-client privilege?
No, they are considered merely incidental to legal representation
Conversations that do not pertain directly to legal assistance do not receive privilege protection.
Fill in the blank: The attorney-client privilege applies to communications that are intended to be _______.
[kept confidential]
True or False: The attorney-client privilege protects all communications between a client and their attorney.
False
Only communications made for legal assistance and intended to be confidential are protected.
What is the role of a legal assistant in the context of attorney-client privilege?
Qualifies as the attorney’s agent, but communications about attorney’s fees are not protected
Legal assistants can assist in legal matters but their discussions about fees do not fall under the privilege.
