Privileges and Other Policy Exclusions

Question 1

Attorney Client Privilege

Answer 1

Attorney client privilege

1. There must be a relationship Applies to anyone who works for the attorney
2. Lasts forever
3. Communication must be confidential

• Work product will also be privileged under atty client privilege
• Exception: if you go to ur lawyer getting advice to commit a crime theres no privilege.
• If dispute between a lawyer and client that dispute will not be privileged either.
  summary

Question 2

Doctor/ Patient Privilege

Answer 2

• Statements that are made for treatment or diagnosis about the treatment/diagnosis itself.
• There can be other ppl in the room or present as long as the other ppl who are present are there to assist the dr or the patient.
• Exception: when the patient put his condition at issue or there is a dispute between the dr and the patient and then that privilege will be lost.

Question 3

Husband & Wife Privilege
Communication

Answer 3

• Intimate things you tell your spouse
• during marriage
• Applies to either crim or civil
• married at the time of communication but it survives divorce
• Either spouse can refuse to disclose information or prevent the other spouse from disclosing information and if they waive the privilege both must waive it together.

Question 4

Husband & Wife Privilege
Testimony

Answer 4

• When 1 spouse is getting on the stand to testify against the other spouse
• Prevents a spouse form testifying
• Only applies in a crim case

*The couple must be married at the time of the trial
* it covers anything said before or during the marriage

• Ends at divorce
• The witness spouse (the one who is going to testify) holds the privilege. They are the ones who get to decide if theyre going to talk about this at all

Question 5

Exceptions to Husband & Wife Privileges

Answer 5

For both the communication and testimony privilege. There will be no privilege if:

1. There are statements about future crimes things going to do
2. Any statement that was made about child or spousal abuse

Question 6

Judicial Notice

Answer 6

• Deff: the judge can take judicial notice any evidence not subject to dispute/ opinion.
• Its evidence that is a given accepted ie day of the week.

Rules:
The judge is going to take judicial notice:

• The judge may take judicial notice whether anyone requests it or not.
• The judge must take judicial notice of evidence if requested by one of the parties.
• The judge must take judicial notice of federal or state law, because its not subj to dispute
• The judge may take judicial notice of any foreign law or municipal ordinance.

If the judge takes judicial notice:

• In a civil case the jury
  must accept that fact as conclusive
• If its crim case the jury may accept the fact as conclusive

Question 7

Subsequent remedial measure

Answer 7

> Evidence that I fixed something after the accident

> Evidence that im fixing or repairing something is not admissible to show that I was negligent

> Also not admissible because it violates public policy

> EXCEPTION: Its admissible to show ownership or control

Question 8

Liability insurance

Answer 8

• Generally the existence or having liability insurance is not admissible to show that I was negligent
• It may come in to show a bias

Question 9

Offer to compromise/ settle the case

Answer 9

*No they are not admissible
* Violates public policy

1. We must have a dispute between the parties

Question 10

Offer to settle or compromise + admission

Answer 10

If statement includes both (statement to compromise + admission) the whole statement is inadmissible.

Question 11

Offer to pay medical expenses

Answer 11

• Generally not admissible public policy

Offer to pay medical expenses + admission then then admission will be severed. Admit the admission and leave out the offer to pay medical expenses.

Question 12

Plea statements during negotiation

Answer 12

• Generally not admissible. Wanna encourage ppl to be honest and come to settlements
• No contest, guilty plea, that I later withdrew, not admissible if made during plea negotiations

EXCEPTION:
* They would be admissible if its coupled with another admissible statement and it would be fair to admit the whole thing.

Question 13

Past sexual conduct of the victim in a sex offense case

Answer 13

• Generally evid not admissible to show vic engaged in other sexual behavior or disposition or predisposition

Exception
* Crim case: it will be admissible if it goes to show consent
* If were going to** protect D constitutional rights** (due process)
* Or it shows someone other than D was the source of physical evidence

• If any of these 3 then the evidence will come in
  *If civil case only admissible if judge determines it pass bal test probative value outweighs any prejudicial effect