privileges

Question 1

privileges

Answer 1

attorney client

spousal

psychotherapy patient

clergy penitent

social worker client privilege

Question 2

attorney client

Answer 2

both attorney and any person working for him and client communication are confidential

communication must be intended by client ot be confiential. objective standard

the purpose must be for legal services

Question 3

exceptions to A-C pivilege

Answer 3

1. professional services sought to further crime or fraud
2. client puts legal services at lissues
3. two or more parties consultan attorney on a metterof common interest and then they are fighting

Question 4

psycho therapy and patient and social worker

Answer 4

same basic rules as for A_C privilege - must have intended the communication to be confiential and for pro services

Question 5

doctor patient

Answer 5

patinet has privilege to prevent disclosure of information confidentially conveyed to Dr. where patient conveyed infomration for purpose of obtaining diagnosis or treatment and infomration was pertientn to diagnosis or treatment

CA DOESN’T RECOGNIZE DR. PATIENT PRIVIEGE IN CIRMINAL CASES

exceptions - 1. perosnal injury suit, 2. crime fraud or tort exception 3. malpractice case

Question 6

spousal testimonial privilege

Answer 6

permits W to refuse to testify against spouse as to anything

CRIM ONLY

Question 7

spousal confidential communciation privilege

Answer 7

protects confidential spousal communciations during marriage

CRIM OR CIVIL

as long as they later marry, it’s privileged. One spouse can waive the privilege but if the other does not then they can’t use the spouse can’t testify