Privileges & Policy Exclusions

Question 1

Privileges and Work Products: Spousal immunity

Answer 1

1. it applies in a CRIMINAL trial
2. held by the W spouse (party-spouse cannot prevent disclosure); and
3. the parties must be married at the time of the trial (claimed only during marriage, but covers information learned before and during marriage)

Question 2

Privileges and Work Products: confidential communications

Answer 2

1. applies in CIVIL OR CRIMINAL proceeding
2. it is held by both spouses (can prevent other from disclosing)
3. the communication was confidential; (aka made in reliance upon the intimacy of the marital relationship) and
4. it was made during the marriage (survives the marriage though)

Question 3

Privileges and Work Products: attorney client privilege

Answer 3

Applies to:

• confidential communications between an attorney and client (or either’s agent) OR
• prospective client made for the purpose of obtaining legal advice

Question 4

Privileges and Work Products: psychotherapist patient privilege

Answer 4

confidential communications between a patient and a doctor for purposes of diagnosis or treatment are protected

Question 5

Privileges and Work Products: work product doctrine

Answer 5

material prepared in anticipation of litigation may not be discovered unless there is a showing of a substantial need & undue hardship

Question 6

Policy Exclusions: insurance coverage

Answer 6

Inadmissible to prove negligence BUT may be used for other purposes (ex. agency, ownership, control, or bias)

Question 7

Policy Exclusions: subsequent remedial measures

Answer 7

Inadmissible to show negligence/guilt BUT may be used for impeachment, to show ownership and control, or to show feasibility of precautionary measures if disputed

Question 8

Policy Exclusions: offer to settle disputed claim

Answer 8

And statement made during negotiations are inadmissible

Question 9

Policy Exclusions: offer to pay medical bills

Answer 9

inadmissible to prove liability

Question 10

Policy Exclusions: guilty plea

Answer 10

Admissible BUT an offer to plead guilty, a guilty plea later withdrawn, a no-contest plea, and statements made during negotiations that did not result in guilty plea are inadmissible