Evidence - Privilleges Flashcards
What are the 10 privilleges
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
AC privillege elements
Relationship between A & C
C holds privillege
Comms made with a reasonable expectation of privacy
Lasts forever
For AC privillege, whos view do we look to see if there is a relationship established
Client
Who holds the privillege for AC
Client
For the AC privillege to apply, what must happen
there must be a communication done with a reasonable expectation of privacy
How long does the AC privillege last
forever, even past death
AC privilege has to be waived voluntarily unless
it is in furtherance of a crime
the issue is regarding a dispute between I &C
When does the work product get protected
when it is for the work for itself
When AC privilege is invoked by a c who was jointly represented with another client and then those clients enter into a dispute, privilege
no longer applies
What privilege is not recognized in federal court
Doctor - Patient
What is protected under Doctor-Patient P
Statements made to the Dr, those who assist the doctor or the patient about the treatment itself
What are exceptions to Doctor-patient
Patient puts their condition at issue
Dispute between D and P
What are the two types of privilege that the husband and wife have
Communication and testimonal
Communication Privilege - H &W elements
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
Under communication privilege, who must waive in order to waive this privilege
both spouse
Testimonial Privilege
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
What are exceptions to the H&W privilege
Statements about future crimes
Any converstations about spousal or child abuse
In a Judicial notice a judge can take judicial notice about any evidence
not subject to dispute/opinion
What is an example of a judicial notice that a judge could take
day of the week
Judge may take judicial notice
w/o request of either party
Foreign law or municipal notice
Judge must take judicial notice
it is requested by either party
a federal or state law
If a judge takes judicial notice in a civil case the jury
must accept that fact as conclusive
If a judge takes judicial notice in a criminal case the jury
must accept that fact as conclusive
When is subsequent remedial measures triggered
when you fix something after an issue arises
