privileges

Question 1

Spousal Immunity

Answer 1

one spouse cannot be compelled to testify against the other spouse in any criminal proceeding. Only the witness spouse may invoke spousal immunity. privilege can only be claimed during the marriage, but covers information learned before and during the marriage.

Question 2

Confidential Marital Communications

Answer 2

Communications made in reliance upon the intimacy of the marital relationship are privileged. the privilege applies in both civil and criminal proceedings. both spouses have the privilege not to disclose, and to prevent the other from disclosing, a confidential marital communication. the privilege survives the marriage, but covers only statements made during the marriage.

Question 3

communication between a client and a doctor during an examination made at the attorney’s request

Answer 3

as long as the doctor does not testify, the attorney-client privilege will apply, not the physician-patient privilege.

Question 4

Attorney acts for both parties

Answer 4

no privilege

Question 5

elements of attorney client privilege

Answer 5

1. attorney client relationship for professional services
2. confidential communication - not made in knowing presence of third party
   client holds privilege and it applies even after the client dies.

Question 6

when does attorney client not apply

Answer 6

1. if the attorney services were sought to aid in the planning or commission of something the client should have known was a crime or a fraud
2. regarding a communication relevant to an issue between parties claiming through the same deceased client
3. for a communication relevant to an issue of breach of duty in a dispute between the attorney and client
4. where the client has put legal services in issue.

Question 7

innocent mistake

Answer 7

no waiver

Question 8

voluntarily disclosed

Answer 8

only applies to those documents unless the disclosing party waived protection of other privileged material that concerns the same subject matter and of which disclosure is necessary to prevent unfairness to the opposing party

Question 9

when does physician-patient privilege not apply

Answer 9

1. patient puts his physical condition on issue in personal injury suit
2. physicians assistance was sought to aid wrong doing
3. communication is relevant to an issue of breach of duty in a dispute between the physician and patient
4. the patient agreed by k to waive the privilege
5. it is a federal case applying the federal law of privilege

Question 10

clergy-penitent privilege

Answer 10

a person has a privilege to refuse to disclose, and to prevent others from disclosing, a confidential communication by that person to a member of the clergy in the clergy member’s capacity as a spiritual adviser. The operation of this privilege is very similar to that of the attorney-client privilege. ex. the merchant made the statement to the priest during a conversation at a social occasion (not privileged)