privileges

Question 1

when does the attorney client privilege apply

Answer 1

when CONFIDENTIAL communications made during a PROFESSIONAL LEGAL presentation
- must seek attorney for legal advice

Question 2

what does confidential communication mean for attorney client privilege

Answer 2

C must intend the communication to be PRIVATE

no privilege if C knows 3rd party is listening in or C tells A to disclose to 3rd party

Question 3

does attorney client privilege apply to physical evidence

Answer 3

NO. privilege does not apply to physical evidence or physical observations

Question 4

what does the attorney client privilege ONLY apply to?

Answer 4

COMMUNICATIONS not physical evidence

Question 5

what are the X/C to attorney-client privilege

Answer 5

1) future crimes or fraud
2) client makes an issue of legal advice
3) dispute b/w attorney and client (fees)

Question 6

what are the 2 type of husband and wife spousal privileges

Answer 6

1) spousal immunity

2) confidential martial privilege

Question 7

what types of cases do spousal immunity cases apply

Answer 7

CRIMINAL

Question 8

can a prosecutor make a spouse testify against their spouse under spousal immunity

Answer 8

NO

Question 9

who does the privilege apply to under spousal immunity

Answer 9

privilege belongs to the TESTIFYING spouse

Question 10

what are the requirements for spousal immunity

Answer 10

1) Married AT TIME OF TRIAL

2) protects against ALL ADVERSE TESTIMONY

Question 11

does spousal immunity protect stuff even before marriage

Answer 11

yes

Question 12

what are the requirements for confidential martial privilege

Answer 12

1) married AT TIME OF COMMUNICATION
2) protects only confidences not physical evidence
3) holder of privilege is EITHER spouse

Question 13

what types of cases does confidential martial privilege apply to

Answer 13

both criminal and civil

Question 14

when does confidential martial privileges apply?

Answer 14

ONLY DURING MARRIAGE

Question 15

who does the privilege apply to for confidential martial privilege?

Answer 15

either spouse. Can prevent the other from testifying. Need other spouses consent to testify.

Question 16

what are the X/C to both spousal privileges

Answer 16

1) communications or acts in furtherance of future crime or fraud
2) destructive of family (abuse)

Question 17

what does the judge decide on preliminary issues of admissibility

Answer 17

1) if witness is qualified to testify
2) existence of privilege
3) admissibility of evidence

Question 18

what is the only thing the judge is bound by in the rules of evidence?

Answer 18

privilege

Question 19

can a party impeach the hearsay of a declarant?

Answer 19

YES. when a hearsay statement is admitted, the declarant can be impeached by any evidence that could be used if the declarant took the stand

Question 20

for patient/doctor confidentiality what must the communication be

Answer 20

deal with treatment

- Informative given by patient that deals with a non medical matter is not protected by privilege

Question 21

when does martial communications privilege not apply

Answer 21

does not apply between cases b/w spouses

Question 22

does martial communications privilege survive divorce?

Answer 22

YES

Question 23

what does the communication need to be to be privileged in martial communication privilege

Answer 23

communication must be made in reliance on the intimacy of the martial relationship (confidential) and the privilege survives marriage.