Privileges Flashcards
Who can invoke the clergy-penitent priv?
1) Person
2) Guardian
3) Conservator of Person
4) Personal Rep of deceased
5) Clergy
Does FL recognize an accountant-client priv?
Yes
What is the accountant-client priv?
Protects information and communication from a CPA or licensed accountant and its client in the regular course of the client’s business.
Does FL Recognize a clergy-penitent priv?
Yes
What is the clergy-penitent priv?
Confidential communications between the clergy and the individual who is seeking spirtual counsel.
Does the clergy-penitent priv apply if the person believed the other was clergy even if they were not?
Yes - This can be invoked even if the person is not actually clergy if there was a reasonable grounds to believe they were.
Is there a spousal immunity privilege in Florida?
No
Is there a marital communication privilege in Florida?
Yes
What is the martial communication privilege?
1) Confidential communication between parties to a valid marriage
2) Privilege survives divorce
3) Can block communication be disclosed at trial
Does Florida have an evidentiary privilege for physicial patient relationship?
No
What is the physician patient priv in Florida?
Patient records may not be furnished or medical condition discussed with any party without the patients written authorization except under limited circumstances.
This is not an evidentiary privilege because information can be compelled by subpoena.
True or False: Anything incriminating said to a doctor can be admitted in a case.
True
Is a DNA print ID admissible in Florida?
Yes
Is there a psychotherapist - client privilege?
Yes
What is the psychotherapist-client privilege?
Confidential communication between a patient and psychotherapist for purposes of diagnosis of a mental or emotional condition.
Who does the psychotherapist-client privilege protect?
License/Cert Psychotherapist
A person licensed as a social worker/family therapist
Mental health counselor under fl law
Person authorized to practice medicine
People of licensed facilities who engage in treatment and diagnosis of mental conditions
Adv. registered nurse practioner of mental health issues.
Does FL have an accident report priv?
Yes
What is the accident report priv?
Report is for the confidential use of dept. of highway safety.
Does the accident report priv attach to info that the officer learns at the accident scene through independant observation?
No
If D makes an admission after miranda, is it admissible?
Yes
Does the accident report priv block oral info?
No - generally limited to the reports.
Does the marital communication priv apply in criminal and civil cases?
Yes
Does divorce matter regarding marital communication priv?
No as long as the people were married when the communication occurred.
What types of cases does the accident report priv apply to ?
Criminal and Civil
Are statements made to the police for purposes of completing the report covered under the Accident Report Priv?
Yes but in a criminal case, an officer may testify to any statement made to him by a person in the accident.
Are Urine, Blood, Breath tests part of accident report admissible in civil and criminal proceedings?
Yes - not covered by the privilege.
Does Fl recognize a fiduciary attorney-client priv?
Yes - communication between lawyer and client that is acting as a fiduciary is priv to the same extent as if the client was not acting as a fiduciary.
In case where the attorney represents the fiduciary as a client, can disclosure of communication be compelled by beneficiaries?
No - the communications are priv.
True or False: Florida does not recognize the evidentiary priv of physician patient priv - it merely recognizes confidentiality of such info outside judicial proceedings.
True
In Florida, is there a priv for confidentiality communications between a sexual assault counselor and victim?
Yes
In Florida, is there a priv for confidential communication regarding domestic violence between victim and advocate?
Yes
Does Fl recognize a Professional Journalist Priv?
Yes
What is the Professional Journalist Priv?
Prof. Journalist has a qualified priv not to divulge information obtained while gathering news.
Does the Professional Journalist Priv apply to physical evidence, eye witness observation or visual or audio recordings of crimes?
No
How can a party overcome professional journalist priv?
1) Showing that information is relevant to unsolved issue
2) showing that the info cannot be obtained from alternative source.
3) compelling state interest exists requiring disclosure.
True or False: Florida law mandates that all public records be available for inspection - certain written communications between attorney and public entity client are not protected by priv.
True
Are statements between public officials and their attorneys at public agency meeting protected by priv?
No
Under what circumstances are communications between a corp. employee and corp. attorney protected by att-client privi?
1) The communication would not have been made but for contemplation of legal services
2) The employee making the communication did so at the direction of corporate superior (director, manager, president, etc.)
3) superior made the request as part of corp effort to obtain legal services
4) the content relates to the legal services and is within the scope of employee’s duties
AND
5) communication is not disseminated beyond those person in the corp who need to know it.
NEED ALL 5
What is the modern rule regarding protection of priv when information heard by eavesdropper?
As long as the holder of the privilege was not negligent, there is no waiver of the priv and eavesdropper cannot testify.
What is the traditional rule regarding protection of priv when information heard by eavesdropper?
Eavesdropper can testify to what he heard regardless of the negligence of the priv holder.
Does FL express a clear preference between the modern and traditional rule re: priv and info heard by eavesdroppers?
No - modern approach is best.
When does a physicians-patient priv exist?
Where the physician is diagnosing and treating a mental or emotional condition.
Admission of a party ____ admissible against a co-defendant merely because they happened to be joined as parties to an action.
Are Not.
When can evidence of a subsequent remedial measure be admitted?
When precautionary measures are controverted as being unfeasible and can be found to have been feasible.
What are exclusions to the professional journalist priv?
Not apply to
1) Physical evidence
2) Eye witness observation
3) Visual or audio recordings of crimes
Does the accident report priv apply to both criminal and civil cases?
Yes
When can statements made to law enforcement for the purpose of completing the report admissible?
In criminal trial - Officer can testify as to such a statement
