3) Privileges Flashcards

1
Q

atty-client privilege: who claims: CA rule

A

atty MSUT claim priv on behalf of client

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2
Q

atty-client privilege: who claims: CA vs FRE

A

CA: atty MSUT claim priv on behalf of client

FRE: atty may claim, or C can claim too

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3
Q

atty-client privilege: when ends: CA rule

A

CA: when estate of C is distributed + executor is discharged

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4
Q

atty-client privilege: when ends: FRE vs CA

A

CA: when estate of C is distributed + executor is discharged

FRE: survives C’s death (w/o limit)

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5
Q

atty-client priv: exception CA rule

A

(in ad to FRE exceptions)

privilege does not apply where L reasoanbly believes disclosure of com is necessary to prevent crime that is liekly to result in death or SBH

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6
Q

atty-C priv: exception CA vs FRE

A

CA has extra exception for L reasonably believes disclosure necessary to prevent crime–>death/SBH

not a FRE exception (no equiv)

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7
Q

dr pt priv: CA rule

A

sts made by pt to dr for purpose of obtaining med tx/dx for phys/mental/emo condition are privileged

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8
Q

dr pt priv: CA rule vs fre

A

fre dnh one

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9
Q

dr pt priv: CA rule: who holds the priv

A

pt

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10
Q

dr pt priv: CA rule: exceptions

A

1) pt puts phys or mental condition at issue in the case (ex. PI)
2) Dr’s services sought to aid in crime or fraud, or to escape capture after a crime or tort
3) lawsuit involves dr pt rship (ex. malpractice)
4) where dr. required to report info (gunshot wounds, some communicable diseases)

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11
Q

exceptions to psychotherapist/pt priv: CA AND FRE

A

1) pt puts mh at issue in case
2) therapist’s services sought to aid in crime or fraud, or escape capture after crime/tort
3) lawsuit involves p-p rship (ex malpractice)
4) commitment proceedings
5) pt is danger to self or others
6) pt under 16 + therapist reasonably believes child is V of crime + disclosure in child’s best interest

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12
Q

exception to psychotherapist/pt priv: CA ONLY

A

Tarasoff exception: if psychotherapist has reasonable cause to bleieve that pt is danger to self or others
AND disclosure is nec to end danger
then, psychotherapist must disclose (duty to warn)

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13
Q

spousal privilege/immunity: when applies: CA rule

A

civil + crim cases

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14
Q

spousal privilege/immunity: when applies: CA vs FRE

A

CA: civil + crim
Fed: crim only!

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15
Q

spousal privilege/immunity: scope: CA rule

A

witness spouse is privileged not even to be called to the stand (and not to testify)

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16
Q

spousal privilege/immunity: scope: CA vs fed

A

CA: witness spouse is privileged not even to be called to the stand (and not to testify)

fed: only to not testify, not to not be called

17
Q

CA additional privileges (not under FRE)

A

1) journalist

2) sexual assault or dv counselor

18
Q

journalist privilege: CA

A

immunity from contempt of court for news reporter who refuses to disclose sources

19
Q

sexual assault / dv counselor: CA (+exception)

A

confidential coms w authorized sexual assault or dv counselor or caseworker are privileged

V is holder

EXCEPTION: privilege not absolute–court can compel disclosure where probative value of sts outweighs prejudicial effect