Privileges Flashcards
in a civil case, ___ governs priv regarding a claim or defense for which state law supplies the rule of the decision.
state law
in a fed ct case arising under a fed rt or defense, ____ governs priv.
the court’s individual determinations, based on its “reason and experience”
can a person refuse to be a W?
nope, unless allowed by cons or stat or st rules
can a person refuse to disclose a matter?
nope, unless allowed by cons or stat or st rules
can a person refuse to produce any object or writing?
nope, unless allowed by cons or stat or st rules
can a person prevent another person from being a W?
nope, unless allowed by cons or stat or st rules
who does atty-clt priv belong to/ who can waive it?
the client
what does atty-clt priv protect?
confidential comms
bt clt and his rep&
atty or his rep to facilitate providing professional legal services
a communication is confidential if
it is not intended to b e disclosed to 3p
-either where clt expressly made it confidential or where clt could reas assume under the circ that it would be understood by the atty as intended to be confidential
fed cts will recognize what priv w respect to tx
psychotherapist/ social worker- patient
physician-patient only where state law provides rules for the decision
and where st law recognizes physician-patient priv
spousal testimony priv: type of case it applies in protects must be married at the time of... may be waived by statements made before marriage protected? what happens if parties divorce?
criminal cases only protects tesimony against the spouse must be married at the time of the trial may be waived by the W-spouse statements made before marr are protected if parties divorce, entire priv is lost
spousal communication priv: type of case it applies in protects must be married at the time of the... may be waived by statements made before marriage protected? what happens if parties divorce?
applies in any type of case
protects confidential communications
must be married at the time of the communication
may be waived only by both together
statements made before marriage are not protected
doesnt matter if parties divorce- priv exists as to confidential comms made during the marr
no kind of spousal priv will protect communications or acts
in furtherance of a future crime or fraud
or destructive of the fam unit (ex spousal or child abuse)
newsman’s priv
not fed/ not a 1A priv
many states have enacted shield laws allowing qualified priv for that
exec priv: when absolute, when not
cons priv for pres to refuse disclosure of info
absolute as to matters of national security
disclosure is required upon a showing of a special need (ev found necessary for a pending crim proceeding)
