Privileges / Judicial Notice Flashcards
1
Q
2 Kinds of Marital Privilege (Spousal Immunity)
A
- Spousal Witness Immunity
2. Spousal Confidences Privilege (aka “Pillow Talk”
2
Q
Spousal Witness Privilege
A
- In CRIMINAL CASES ONLY
- Subpoenaed spouse hold the privilege
- Witness spouse can voluntarily testify - nothing D spouse can do about it
- Exception - Crimes against a child and crimes against testifying spouse
3
Q
Spousal Confidences Privilege
A
- Applies in both civil and criminal
- Communicating spouse hold the privilege
- Exception- Crimes against a child and crimes against testifying spouse
4
Q
The effect of a jury instruction on judicial notice (civil and criminal
A
- A civil jury MUST ACCEPT A JUDICIALLY NOTICED FACT IS CONCLUSIVE
- A criminal jury MAY ACCEPT A JUDICALLY NOTICED FACT AS CONCLUSIVE
5
Q
A/C Privilege
A
Client must intend confidentiality (e.g. no privilege if client know that 3rd party is listening in; or if client asks attorney to disclose the communication to a third party
6
Q
A/C Privilege Joint Client Rule
A
- If 2 or more clients w/ common interest consult the same attorney, their communications with counsel concerning the common interest are privileged as to 3rd parties
- But if the joint clients later have with each other concerning common interest, the privilege does not apply as between them
7
Q
Corporate Client Privilege
A
- Covers statements to attorney from employees who are part of the “control group” (senior executive)
- All other employees’ communications to the corporation’s attorney are covered only if:
1. The employees were directed to speak to attorney
2. The communications related to the corp’s legal issues, and
3. The communications were kept confidential and disclosed only on a need to know basis within the corp (Upjohn)
8
Q
Mental Health Care Privilege
A
Federal and GA recognize a privilege for communications to mental health care providers for the purpose of receiving mental health care.
