PRIVILEGES AND OTHER POLICY EXCLUSIONS Flashcards
Confidential Marital Communication Privilege Rule
Under the confidential marital communications privilege, a communication made between spouses while they were married is privileged if the communication was made in reliance on the sanctity of marriage.
The privilege is held by both spouses and applies in both civil and criminal cases. The time for asserting this privilege extends beyond the termination of the marriage.
Rule for statement made during plea negotiation
A statement made during a negotiation between a prosecutor and a defendant regarding a plea that does not result in a plea is not admissible. A withdrawn guilty plea is likewise inadmissible.
Rule for marital privilege for spouse who made the statement
There is a marital privilege for private communications between spouses.
Most courts hold that both spouses hold this privilege and either may prevent the other from testifying as to such communications.
Even courts that restrict this privilege to one spouse grant it to the spouse who made the statement
General rule is that the spouse of a criminal defendant
The general rule is that the spouse of a criminal defendant may not be called as a witness by the prosecution.
Nor may a married person be compelled to testify against his spouse in any criminal proceeding, including a grand jury proceeding, regardless of who is the defendant.
In federal courts (and a majority of states), the witness-spouse holds the privilege and may choose to testify but cannot be compelled to do so.
Statements made during settlement negotiations Rule
Statements made during settlement negotiations are inadmissible to prove or disprove the validity or amount of a disputed claim. Such statements may be admitted for other purposes, however, such as to prove the bias or prejudice of a witness.
Evidence of a settlement offer, including evidence of the acceptance of such an offer Rule
Evidence of a settlement offer, including evidence of the acceptance of such an offer, is not admissible for the purpose of establishing the validity of a claim or the amount of damages.
The federal inadvertent waiver rule
The federal inadvertent waiver rule (Federal Rule 502) applies to the disclosure of information covered by the attorney work-product protection as well as communications covered by the attorney-client privilege. .
sexual conduct or predisposition RULE
Evidence offered to prove a victim’s sexual conduct or predisposition is generally not admissible in a civil proceeding involving alleged sexual misconduct, such as a sexual harassment action. Such evidence may be admitted, however, when the court determines at an in camera hearing that the probative value of the evidence substantially outweighs the danger of harm to the victim and unfair prejudice to any party.
Rule for Spousal Privilege
Communications made between spouses while they were married is privileged if the communications were made in reliance on the sanctity of marriage. The majority view is that the privilege is held by both spouses, and the time for asserting this privilege extends beyond the termination of the marriage. Thus, either party may assert the privilege – by refusing to testify or by preventing the other party from doing so – at any time, even after divorce or the death of one spouse.
Rule for Marital Communication Privilege
The confidential marital communications privilege covers confidential marital communications between spouses while they were married.
The privilege extends beyond the termination of the marriage.
Has to be an actual communication. Possession of a item is not a communication
Rule for timing of subsequent remedial measure
The court must exclude evidence of subsequent remedial measures undertaken by a defendant after the event that caused a plaintiff’s alleged injury or harm.
Rule for Compromise offers made by a party
Compromise offers made by any party, as well as any conduct or statements made during compromise negotiations, are not admissible to prove or disprove the validity or amount of a disputed claim, nor may they be admitted for impeachment by prior inconsistent statement or contradiction.
The Federal Rules on privilege that protects victims of sexual offenses.
The Federal Rules establish a privilege that protects victims of sexual offenses. The rule states that evidence offered to prove that an alleged victim engaged in other sexual behavior and evidence offered to prove an alleged victim’s sexual predisposition is not admissible, subject to certain exceptions.
Compromises offers to prove disputed amounts rule
Compromise offers made by any party, as well as any conduct or statements made during compromise negotiations, are generally not admissible to prove or disprove the validity or amount of a disputed claim.
