Testimonial Privileges Flashcards
What type of law should be applied in a fed ct case arising under federal substantive law
Federal Common Law
Apply in a fed ct case arising under diversity jx law apply _________
diversity = fed v. state law
Eerie doctrine
Confidential communications
Privileged for communications
DOES NOT apply to underlying info, pre-existing docs, physical evidence
3rd parties vs. representatives in confidential communications
3rd parties: destroy
Representatives: do not
Spousal Privilege
- In a criminal case only where one spouse is a D, the other spouse cannot be called as a witness
- Cannot be compelled to testify
Spousal immunity may be invoked
in criminal cases only
Spousal Privilege applies when:
There is a valid marriage
Spousal Privilege can be claimed:
During marriage but applies to info learned before and during marriage
so for trial what matters is if they are married during trial
When the privilege of spousal immunity is invoked, a married person whose spouse is the D in a criminal case
- may not be called as a witness by the prosecution, and
- a married person may not be compelled to testify against his spouse in any criminal proceeding.
Confidential martial communications
Protected in civil and criminal cases
For confidential martial communications to apply:
marital relationship must exist when communication is made
Does divorce terminate confidential martial communications privilege?
NO but doesn’t apply to communications after termination of marriage
For the physician-patient privilege to apply,
the information must be acquired while the physician is attending the patient in the course of treatment.
What do federal cts do in cases where state law does not supply a rule of physician-patient privilege?
the federal courts do not recognize any physician-patient privilege.
