Privileges Flashcards
PA ACP comes from CL or statute?
Statute.
When addressing a question about PA ACP, start by saying . . .
Under the PA Statute . . .
Elements of PA ACP? (3)
Confidential comm.
Between A and C
Made during professional legal consultation
PA Doc/Psychotherapist Priv. protects against disclosure of . . . (4 elements)
Confidential info
Acquired by the doc
in a professional relationship
for the purpose of obtaining treatment
How does the PA Psychotherapist-Patient Privilege differ from Federal CL?
Does not extend to social worker-patient comms.
For information in the PA Doctor-Patient Privilege to be excluded, it must tend to do what?
Blacked the character of the patient
Does PA’s Doctor-Patient Priv apply in criminal cases?
no
Other than the Patient-Litigant Exception (med mal suit), the PA DPP does not apply to these 4 things:
Reporting disabilities affecting ability to drive
Information offered in child abuse proceedings
Reports concerning injuries due to deadly weapons
Mental health commitments.
Definition of Confidential Martial Comm. Priv?
Applies in what cases?
H or W shall not be required or, without the consent of the other, shall not be allowed to disclose confidential comms made during marriage.
Both civ and crim
Definition of Spousal Immunity Priv?
One spouse cannot be forced to give adverse testimony against the other.
What two things are unique about the PA Spousal Immunity Priv in civil cases?
1) It actually applies (doesn’t in fed ct)
2) It requires waiver by BOTH spouses (with some exceptions)
How does the Spousal Immunity Priv work in crim court?
Testifying spouse can waive, but cannot be FORCED to give adverse testimony.
If a privilege question comes up and you dont know the rule, say this then do that?
Under the PA statute . . .
Then apply common sense. Right comm? Right setting? Purpose?
Neither the Confidential Marital Comm Priv or the Spousal Immunity Priv apply to what sort of cases?
Intra family cases
H kills V in public in front of hundreds. Included among the eyewitnesses is H’s wife, W. Can W be forced to testify against H at trial?
No, under the Spousal Immunity Privilege, one spouse cannot be forced to give adverse testimony against the other. She can if she would like, but she does not have to.
