Privilege

Question 1

Rule 501

Answer 1

The common law — as interpreted by United States courts in the light of reason and experience — governs a claim of privilege. But in a civil case, state law governs privilege regarding a claim or defense for which state law supplies the rule of decision.

Question 2

Attorney Client

Answer 2

The holder of the privilege is the client.
The protected communication was made to an attorney who was acting as a lawyer at the time of the communication.
Made without the presence of strangers.
And it was made for the purpose of securing an opinion on law or assistance in a legal proceeding.
Not for the purpose of committing a crime or a tort.

Question 3

Physician-Patient Privilege

Answer 3

The patient holds the privilege, the communications must be made for the purpose of obtaining medical advice or treatment, and the privilege can be waived by the patient.

Question 4

Marital Communications Privilege

Answer 4

Protects any communications made with the marriage. Both partners hold this privilege and it extends beyond the marriage itself.

Question 5

Spousal Privilege

Answer 5

Protects not only communications made within the marriage, but rather any information obtained during the course of the relationship. It only applies if the couple is married at the time the testimony is sought, as the privilege ends with the marriage.

Question 6

Trammel

Answer 6

The witness spouse holds the spousal privilege.