Privileges and Other Policy Exclusions Flashcards
What is the exclusion for offers to pay medical expenses?
Not admissible to prove negligence. Accompanying statements and conduct is admissible.
What is the exclusion for plea negotiations?
Not admissible.
What are the exclusions for past sexual conduct?
Victim’s Conduct
- Past sexual behavior generally not admissible in criminal proceeding involving sexual misconduct.
- Exceptions: Criminal: show that defendant was not source of physical evidence or to show consent. Civil: reverse 403 test and only if victim brings it up.
Defendant’s Conduct
-Allowed in child molestation and sexual assault cases.
What is the exclusion for liability insurance?
Evidence that a person was or was not insured is not admissible to prove negligence.
Exception: relevant for some other purpose.
What is the exclusion for subsequent remedial mesarues?
Evidence of repairs/changes after accident not admissible to prove negligence, defective design, product, inadequate warning, culpable conduct.
Exception: relevant for some other purpose.
What is the exclusion for settlement offers or negotiations?
A settlement offer is not admissible to prove the validity or amount of a disputed claim.
Cannot be used as prior inconsistent statement to impeach.
Exception: relevant for other purpose.
Cannot be unilaterally waived.
What is the 5th Amendment Privilege?
Only applies to people.
Self-Incrimination: does not apply to blood, voice samples or breathalyzer.
If provided immunity (no risk): no privilege.
What are the spousal privileges?
Confidential Marital Communications: held by both spouses, survives after marriage.
Spousal Immunity: spouse has right to refuse to testify in criminal trial in case against spouse. Currently married only, but testimony can be about anything.
Exceptions
- One spouse suing the other.
- When one spouse is charged with crimes against other spouse or their children.
Are there any specified privileges under the FRE?
No, federal common law.
What is the psychotherapist-patient privilege?
Applies to confidential communications between patient and psychiatrist, psychologist, social worker.
Exceptions: Court-ordered, exam results, taken as part of a commitment proceeding.
What is the physician-patient privilege?
Statements made for purposes of medical treatment protected.
Exceptions
- Information was for other reasons
- Illegal purpose
- Dispute between doctor and patient
- Patent waives (putting it in controversy)
What is the work-product doctrine?
Protects documents prepared in anticipation of litigation.
Can obtain if substantial need, and cant be obtained without undue hardship.
No mental impression work product.
What is the attorney-client privilege?
Protects a confidential communication between a lawyer and client for the purposes of securing legal advice.
Exceptions: Unnecessary third party. (however, eavesdropping foes not destroy privilege). Also, underlying facts not privileged.
Waived by
- Failure to assert
- Voluntary disclosure
- Express waiver
- Failure to take precautions.
Corporations
- Exceptions: Future crime or fraud and CLIENT should know.
