Privileges

Question 1

Privileges

Answer 1

Prop 8 does not affect the admissibility of this evidence since ALL privileges are exempt from Prop 8

Question 2

Attorney-Client Privilege

Answer 2

Confidential communications between an attorney and client, made during professional consultation, are privileged from disclosure. Here,

Question 3

Attorney-Client Privilege - Communication through Agents

Answer 3

Communications made to third persons are confidential and covered by the privilege if necessary to transmit information between the attorney and client. Here,

(i.e. a doctor hired by the attorney)

Question 4

Attorney-Client Privilege - Exceptions

Answer 4

There are 3 exceptions to the ACP. 1) if the attorney’s services were sought to aid in the planning or commission of a crime or fraud, 2) communication relevant to an issue between parties claiming through the same deceased client, and 3) communications relevant to an issue of breach of duty in a dispute between the attorney and client. Here,

Question 5

Spousal Immunity

Answer 5

One spouse cannot be compelled to testify against the other spouse in any criminal or civil proceeding. The witness spouse “owns” the immunity and it can only be claimed during marriage, but covers information both before and during marriage. Here,

Question 6

Confidential Marital Communications

Answer 6

Communications made in reliance upon the intimacy of the marital relationship are privileged in both civil and criminal proceedings. Both spouses own this privilege and may prevent the other from disclosing a confidential marital communication. The marital communications privilege survives the marriage, but ONLY covers statements made during the marriage. Here,

The privilege does NOT apply if the communication was made, in whole or in part, to enable or aid anyone to commit or plan to commit a crime or fraud. Here,

Question 7

Physician-Patient Privilege

Answer 7

Confidential communications between a patient and his physician are privileged, provided that the information is acquitted while during the course of treatment and is necessary for treatment. Nonmedical information is NOT privileged. Here,

Question 8

Psychotherapist/Social Worker - Patient Privilege

Answer 8

This privilege operates in the same manner as the attorney-client privilege. Here,

Question 9

Clergy Privilege

Answer 9

A privilege exists for statements made to a member of the clergy while he is acting in his capacity as a spiritual adviser. Here,

Question 10

Privilege Against Self-Incrimination (5th Amendment)

Answer 10

A witness cannot be compelled to testify against himself. Any witness compelled to appear in a civil or criminal proceeding may refuse to give an answer that ties the witness to the commission of a crime. Here,

Question 11

Governmental Privileges

Answer 11

Official information not otherwise open to the public or the identity of an informer may be protected by a privilege for the government. No privilege exists if the identity of the informer is voluntarily disclosed by a holder of the privilege. Here,

Question 12

Eavesdroppers

Answer 12

In CA, a privilege holder can stop an eavesdropper from revealing confidential information. Here,