Evidence - Privilleges

Question 1

What are the 10 privilleges

Answer 1

AC
Doctor - Patient (federal only)
Husband and Wife
Judicial notice
Subsequent remedial measures
Liability insurance
Offer to compromise / settle
Offer to pay medical expenses
pleas
Past Sexual Conduct of the V in a sexual case

Question 2

AC privillege elements

Answer 2

Relationship between A & C
C holds privillege
Comms made with a reasonable expectation of privacy
Lasts forever

Question 3

For AC privillege, whos view do we look to see if there is a relationship established

Answer 3

Client

Question 4

Who holds the privillege for AC

Answer 4

Client

Question 5

For the AC privillege to apply, what must happen

Answer 5

there must be a communication done with a reasonable expectation of privacy

Question 6

How long does the AC privillege last

Answer 6

forever, even past death

Question 7

AC privilege has to be waived voluntarily unless

Answer 7

it is in furtherance of a crime

the issue is regarding a dispute between I &C

Question 8

When does the work product get protected

Answer 8

when it is for the work for itself

Question 9

When AC privilege is invoked by a c who was jointly represented with another client and then those clients enter into a dispute, privilege

Answer 9

no longer applies

Question 10

What privilege is not recognized in federal court

Answer 10

Doctor - Patient

Question 11

What is protected under Doctor-Patient P

Answer 11

Statements made to the Dr, those who assist the doctor or the patient about the treatment itself

Question 12

What are exceptions to Doctor-patient

Answer 12

Patient puts their condition at issue
Dispute between D and P

Question 13

What are the two types of privilege that the husband and wife have

Answer 13

Communication and testimonal

Question 14

Communication Privilege - H &W elements

Answer 14

Either criminal or civil

Confidential talks between H and W

The couple must be legally married at the time of
communication but survives divorce

Either spouse can refuse to disclose the information or prevent the other spouse from disclosing

Question 15

Under communication privilege, who must waive in order to waive this privilege

Answer 15

both spouse

Question 16

Testimonial Privilege

Answer 16

Applies in a criminal case

One spouse has to be called to testify

Must be a legal marriage at the time of testify

Covers anything said before or during the marriage

Ends at divorce

Witness spouse holds the privilege

Question 17

What are exceptions to the H&W privilege

Answer 17

Statements about future crimes
Any converstations about spousal or child abuse

Question 18

In a Judicial notice a judge can take judicial notice about any evidence

Answer 18

not subject to dispute/opinion

Question 19

What is an example of a judicial notice that a judge could take

Answer 19

day of the week

Question 20

Judge may take judicial notice

Answer 20

w/o request of either party
Foreign law or municipal notice

Question 21

Judge must take judicial notice

Answer 21

it is requested by either party
a federal or state law

Question 22

If a judge takes judicial notice in a civil case the jury

Answer 22

must accept that fact as conclusive

Question 23

If a judge takes judicial notice in a criminal case the jury

Answer 23

must accept that fact as conclusive

Question 24

When is subsequent remedial measures triggered

Answer 24

when you fix something after an issue arises

Question 25

what evidence is not admissible because it violates public policy

Answer 25

subsequnt remedial measures (in certain circumstances)
offers to compromise/settle
pleas (in certain circumstances)
offers to pay medical expenses (in certain cases)
Past sexual conduct of V in sex case

Question 26

When are subsequent remedial measures admissible

Answer 26

to show ownership and control

Question 27

When is liability insurance admissible

Answer 27

to show bias

Question 28

When are offers to pay medical expenses admissible

Answer 28

when there is an admission attached to it and you can still get the admission in but not the offer

Question 29

When are pleas admissible

Answer 29

if it is coupled with another admissible statement

Question 30

When discussing an offer to compromise / settle there must be what to get the protection of inadmissibility

Answer 30

a dispute in the first place

Question 31

If there is a statement for an offer to compromise and an admission can you get the whole thing in

Answer 31

no its inadmissible

Question 32

Past sexual conduct of the V in a sex case is inadmissible unless what exceptions in a criminal case

Answer 32

shows consent
protects the D constitutional rights
shows someone other than the D was the source of the physical evidence

Question 33

Past sexual conduct of the V in a sex case is inadmissible unless what exceptions in a civil case

Answer 33

If the judge determines that the probative value outweighs the prejudicial effect