privileges

Question 1

Va atty client privilege

Answer 1

protect confidential comms b/w atty and client for purpose of seeking legal advice

Question 2

spousal martial communication privilege

Answer 2

spouse may refuse to disclose and prevent other spouse from disclosing any confidential comm made during marriage

only testimonial comms

held by both spouses, lasts after divorce

applies in both criminal and civil cases

Question 3

what is an exception to the martial comm privilege in criminal cases?

Answer 3

domestic or child abuse
sexual assault

Question 4

what is spousal immunity in criminal cases?

Answer 4

spouse can compel other spouse to testify on their behalf

one spouse cannot be compelled to testify against other spouse unless domestic/child abuse or SA

ends at divorce

privilege held by W spouse

Question 5

may the W spouse volunteer to testify against spouse?

Answer 5

yes

Question 6

clergy privilege

Answer 6

clergy cannot be forced to testify to a comm in confidence

held by clergyman

may volunteer to testify

Question 7

physician patient

Answer 7

only civil cases

physician cannot testify regfarding to info obtained during exam or treatment WITHOUT patient consent

Question 8

exceptions to physician patient

Answer 8

patient condition at issue