Privilege

Question 1

Privilege - General

Answer 1

Fed Div Jx = State Law

1. Atty-Client
2. Dr-Patient
3. Spouses
   [CA: 4. Counselor - DV/SA V]
   [CA: 5. Clergy - Penitent]
   [CA: 6. Reporter ID source]

Question 2

Attorney Client Privilege

Answer 2

1. Btw atty-client-reps
2. To facilitate legal services
3. Intended to be confidential

Survives: relationship + death [CA: ends when dead + estate discharged]

EEE: prim if corp authorized to speak to lawyer (not mere w) [CA: + nat’l person to do so]

Exceptions: (1) further fraud/crime, (2) client puts service at issue, (3) 2 consult together and offer against one another, [CA: (4) prevent crime likely to result in death or sub. bodily injury]

Question 3

Doctor-Patient Privilege

Answer 3

1. Btw doctor-patient
2. To facilitate medical diagnosis/treatment
3. Intended to be confidential

CIVIL CASES ONLY

Exceptions: (1) sought to aid/escape crime, (2) patient puts service at issue, (3) condition at issue, [CA: (4) to end patient danger to self or others, (5) Dr. required to report to public office]

Question 4

Spousal Privileges

Answer 4

TESTIMONY: can refuse to testify against spouse, but can’t stop other; ends with marriage

• -Fed: Crim Only
• -CA: Crim + Civil, no need to take stand

CONF. COMM.: made during marriage and can stop the other; survives marriage; ends when not confidential