Rules

Question 1

Attorney Client Privilege

Answer 1

Communication to get legal advice
Between a client
And a lawyer
That is confidential
Unless it concerns future crime or future fraud.

Question 2

Execution of an innocent person

Answer 2

Lawyer may reveal the confession if execution is reasonably certain, but need not reveal the information.

Question 3

Privileged? “What is your client’s name?”

Answer 3

Not Usually

Question 4

Rule of Evidence 502– When waiver is intentional

Answer 4

The party must disclose other communications or information

• -concerning the same subject
• -that ought in fairness be considered

Question 5

Rule of Evidence 502– When the disclosure is inadvertent

Answer 5

The privilege-holder may take back the information if

• -The privilege holder took reasonable steps to prevent disclosure
• -The privilege holder promptly took reasonable steps to rectify
• -but if it happens again in six months. . . rule may not protect.

Question 6

Clergy Communicant Privledge

Answer 6

Communicant holds privilege
Clergy
Communication
Confidential
To seek spiritual guidance

Question 7

Psychotherapist-Patient

Answer 7

Patient holds privilege
Psychotherapist
Communication
Confidential
To obtain psychotherapy

Question 8

Spousal Privilege

Answer 8

Two types that overlap

• -Testimonial
• -Confidences

Question 9

Spousal Testimonial Privilege

Answer 9

In criminal cases:
Spouse may refuse to testify
If still married –ends upon divorce
About anything learned before or during the marriage
Policy interest? To protect the marriage

Question 10

Marital Communications Privilege

Answer 10

Party can PREVENT spouse from testifying
In civil and criminal cases
Even if divorced
Only about confidential communications
--No privilege for observations
--No privilege for communications before marriage
Policy Interest?  Free Communication

Question 11

Impeachment Techniques

Answer 11

--Show impaired perception or memory
Demonstrate inconsistencies
Inconsistent statements subject to FRE 613
--Show bias
Attack character for truthfulness
--Reputation/opinion, FRE 608(a)
--Untruthful conduct, FRE 608(b)
--Criminal convictions, FRE 609

Question 12

Rule 607

Answer 12

Any party may attack the credibility of any witness
–When would you attack your own witness?
Hostile witness
Witness changes story
To “draw the sting”

Question 13

FRE 613

Answer 13

Prior Inconsistent Statements

• -inconsistencies on material v. collateral issues
• -For impeachment only
• -No extrinsic evidence on collateral matters

Question 14

FRE 801(d)(1)(A)

Answer 14

Prior Inconsistent Testimony

–Witness available and statement give under oath at a previous hearing

–Exempted hearsay: for truth of matter asserted

Question 15

FRE 608(b)

Answer 15

Can ask about specific dishonest acts on cross

IF

you have a good faith belief they occurred, BUT no extrinsic evidence may be introduced, (i.e. you must accept denials from the witness and move on.)

Question 16

Distinct Factors with special rules for impeachment under Rule 609

Answer 16

Criminal defendant, other witnesses?
Misdemeanor or Felony?
Released more than 10 years ago?
Crime of Dishonest Act or False Statement?
Pardoned (innocence?)
Juvenile Crime?