privileges Flashcards
when does the attorney client privilege apply
when CONFIDENTIAL communications made during a PROFESSIONAL LEGAL presentation
- must seek attorney for legal advice
what does confidential communication mean for attorney client privilege
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
does attorney client privilege apply to physical evidence
NO. privilege does not apply to physical evidence or physical observations
what does the attorney client privilege ONLY apply to?
COMMUNICATIONS not physical evidence
what are the X/C to attorney-client privilege
1) future crimes or fraud
2) client makes an issue of legal advice
3) dispute b/w attorney and client (fees)
what are the 2 type of husband and wife spousal privileges
1) spousal immunity
2) confidential martial privilege
what types of cases do spousal immunity cases apply
CRIMINAL
can a prosecutor make a spouse testify against their spouse under spousal immunity
NO
who does the privilege apply to under spousal immunity
privilege belongs to the TESTIFYING spouse
what are the requirements for spousal immunity
1) Married AT TIME OF TRIAL
2) protects against ALL ADVERSE TESTIMONY
does spousal immunity protect stuff even before marriage
yes
what are the requirements for confidential martial privilege
1) married AT TIME OF COMMUNICATION
2) protects only confidences not physical evidence
3) holder of privilege is EITHER spouse
what types of cases does confidential martial privilege apply to
both criminal and civil
when does confidential martial privileges apply?
ONLY DURING MARRIAGE
who does the privilege apply to for confidential martial privilege?
either spouse. Can prevent the other from testifying. Need other spouses consent to testify.
what are the X/C to both spousal privileges
1) communications or acts in furtherance of future crime or fraud
2) destructive of family (abuse)
what does the judge decide on preliminary issues of admissibility
1) if witness is qualified to testify
2) existence of privilege
3) admissibility of evidence
what is the only thing the judge is bound by in the rules of evidence?
privilege
can a party impeach the hearsay of a declarant?
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
for patient/doctor confidentiality what must the communication be
deal with treatment
- Informative given by patient that deals with a non medical matter is not protected by privilege
when does martial communications privilege not apply
does not apply between cases b/w spouses
does martial communications privilege survive divorce?
YES
what does the communication need to be to be privileged in martial communication privilege
communication must be made in reliance on the intimacy of the martial relationship (confidential) and the privilege survives marriage.
