Privileges and Other Policy Exception

Question 1

Attorney Client Privilege

Answer 1

1. There must be a relationship
2. Client has the privilege
3. Communication has to be confidential
4. Work product privilege

• The atty-client privilege lasts forever -even if the atty has been fired. *
  Privilege has to be waived voluntarily

Question 2

Attorney Client Privilege EXCPETION

Answer 2

1. Getting advice on how to commit a crime
2. Dispute between atty and client

Question 3

Doctor Patient

Answer 3

-Statement about treatment or diagnosis
-Others can be present to assist doctor/patient

EXCEPTION
1. Patient puts his condition at issue
2. Dispute between doctor and patient

Question 4

Spousal Communication Privilege

Answer 4

-Protects confidential information disclosed during the marriage!
-Applies to both civ and crim cases
-Must be legally married but it survives the divorce
-Either spouse can refuse the other spouse from disclosing it

-BOTH MUST WAIVE IT TOGETHER

Question 5

Spouse Testimonial Privilege

Answer 5

-Only applies in CRIMINAL cases
-At the time of the trial spouses must be legally married-it covers anything said before and during the marriage
-ends at divorce
-The witness spouse holds the privilege

EXCPETION
1. Statements about future crimes
2. Statement about child or spousal abuse.

Question 6

Judicial Notice

Answer 6

The judge can take judicial notice about any evidence not subject to dispute.

-The judge may take judicial notice even if it was not requested by a party

-MUST take judicial notice of federal/state law

Question 7

Instructing Jury After Taking Judicial Notice in a Civil Case

Answer 7

The jury must accept that fact as conclusive.

Question 8

Instructing Jury After Taking Judicial Notice in a Criminal Case

Answer 8

The jury may accept the fact as conclusive.

Question 9

Subsequent Remedial Measure

Answer 9

-Not admissible
-Evidence that something was fixed after an accident.

-This will only be admissible to show ownership/control

Question 10

Liability Insurance

Answer 10

Not admissible to show negligence may be used to show bias

Question 11

Offer to Settle/Compromise

Answer 11

-Not admissible because it violates public policy

-There has to be a dispute between the parties.

Question 12

Offer to Compromise + Admission

Answer 12

The whole statement is not admissible

Question 13

Offer to Pay Medical Expenses

Answer 13

Only the admission is admissible

Question 14

Plea Negotiations

Answer 14

-Not admissible

Question 15

Past Sexual Conduct of a Victim

Answer 15

Not admissible to show other sexual behaviors or sexual predisposition.

EXCPETION
-CRIMINAL CASE:
1. If it shows consent
2. Protects defendants constitutional rights
3. Shows that someone other than the defendant was the source of the physical evidence

-CIVIL CASE
Only admissible if the judge determines that the probative value outweighs the prejudicial effect.