Privilege

Question 1

Does atty/client include client ID

Answer 1

this privilege does not protect the client’s identity UNLESS disclosure of that identity would also reveal a confidential attorney-client communication.

Question 2

federal inadvertent-waiver

Answer 2

Applies to
(1) communications covered by the attorney-client privilege and
(2) information protected under the attorney work-product doctrine.

Under this rule, the disclosure of such communications or information does not waive the attorney-client privilege or work-product protection in a federal or state proceeding if:
(1) the disclosure was made in a federal proceeding or to a federal agency
(2) the disclosure was inadvertent
(3) the privilege holder took reasonable steps to prevent disclosureand
(4) the privilege holder promptly took reasonable steps to rectify the error

Question 3

Spousal comms v marital priv

Answer 3

Spousal comm
-re comms made during marriage
-can be asserted by either party
-priv extends even after marriage end

Marital priv
-re exempting a party from testifying
-re communications during and prior to marriage
-can only be asserted by party who is called to testify
-can only be asserted during marriage

Question 4

5A priv against self incrimination

Answer 4

The privilege against self-incrimination
(1) protects a criminal defendant from being compelled to produce self-incriminating testimonial communications and
(2) allows a witness, in both civil and criminal cases, to refuse to answer questions that the witness reasonably believes might incriminate him/her.

The Fifth Amendment privilege against self-incrimination prohibits the prosecution from commenting on a criminal defendant’s failure to testify at trial.
==> However, a trial court’s erroneous admission of such a comment does not result in the automatic reversal of a conviction on appeal.
==> Instead, under the** harmless-error rule,** the appellate court should determine whether admission of the improper comment:
(A) was sufficiently prejudicial as to require reversalor
(B) constituted only harmless error.

Compare to
Sixth Amendment—Confrontation Clause and hearsay evidence
* Requires declarant to be unavailable and D had prior opportunity to cross-examine
declarant
* Testimonial statements—objective analysis—if primary purpose is emergency
assistance, not testimonial
* Unavailability of the declarant—D must have purpose of making declarant
unavailable, and fact that D made declarant unavailable does not mean he had
purpose if he is on trial for the act that made witness unavailable

Question 5

5A Total List

Answer 5

Self-incrimination – secures right to refuse to testify against oneself

Grand jury – requires grand jury indictment for felony offense charged in federal court

Double jeopardy – bars multiple prosecutions for same offense

Due process – protects against unfair deprivation of life, liberty, or property

Takings – prohibits taking private property for public use without just compensation

Question 6

Expert not expected to testify

Answer 6

The facts known and opinions held by an expert not expected to testify at trial are privileged and not discoverable unless

(1) the information relates to a court-ordered physical or mental examination

or

(2) exceptional circumstances make it impracticable to obtain that information by other means.