PRIVILEGES AND OTHER POLICY EXCLUSIONS

Question 1

Attny/client privilege reqs:

Answer 1

1) There must be a RELATIONSHIP
2) Applies to ANYONE who works for the
attorney
3) Lasts FOREVER
4) Communication must be CONFIDENTIAL

Question 2

who holds the priv in attny/client priv?

Answer 2

The client

Question 3

what is work product?

Answer 3

anything prepared by the attorney in anticipation of litigation

Question 4

is work product protected?

Answer 4

yes, by attny client priv.

Question 5

Attorney/Client Privilege does not exist for:

Answer 5

• Getting advice on how to commit a crime
• Dispute between Attorney & Client

Question 6

Doctor/Patient Priv

Answer 6

statements about:
- treatment or
- diagnosis

Question 7

does another’s presence interrupt doc/pat priv?

Answer 7

others can be present if they are assisting the doctor or the patient without breaking the confidentiality

Question 8

Doctor/Patient Privilege does not apply when:

Answer 8

1) Patient puts his condition at issue
2) Dispute between Doctor & Patient

Question 9

Spousal Communication Privilege:

Answer 9

• Protects confidential information disclosed during marriage

Question 10

when does the spousal Communication Privilege Apply?

Answer 10

• Civil or Criminal
• Survives divorce

Question 11

which spouse may exert privilege?

Answer 11

either spouse may exert privilege

Question 12

how to waive spousal communication priv?

Answer 12

both spouses MUST waive

Question 13

Spousal Testimonial Privilege:

Answer 13

• Prevents a spouse from testifying

Question 14

when does spousal Testimonial Privilege Apply?

Answer 14

• Criminal cases only
  AND
• Must be legally married at trial

Question 15

What events does the Testimonial Privilege of spouses cover?

Answer 15

Covers events before/during marriage and ENDs with divorce

Question 16

Who holds spousal testimonial priv?

Answer 16

Witness-spouse holds the priv

Question 17

Exceptions to statements covered by the spousal priv?

Answer 17

1) Statements about future crimes
2) Statements about child or spousal abuse

Question 18

What is Judicial Notice

Answer 18

Judicial notice is a method used by a court when it declares a fact presented as evidence as true without a formal presentation of evidence.
ie: any evidence not subject to dispute, no opinions at all

Question 19

what are some examples of judicial notice?

Answer 19

o Day of the week
o It is sunny outside

Question 20

When to take judicial notice?

Answer 20

• Judge MAY – whether requested or not * Judge MUST – if requested by a party

Question 21

Judicial Notice of Law

Answer 21

• MUST – for federal or state law
• MAY – for foreign law or municipal ordinance

Question 22

Jury Instructions for Judicial Notice

Answer 22

• in a Civil Case: Jury MUST accept as conclusive
  vs.
• in a Criminal Case: Jury MAY accept as conclusive

Question 23

subsequent remedial measures

Answer 23

• Evidence that something was fixed after an accident
• NOT ADMISSIBLE to show negligence
• Public policy rule

Question 24

Exception for admissibility – Subsequent Remedial Measures

Answer 24

• are ADMISSIBLE to show ownership/control

Question 25

Liability Insurance when admissible and when not?

Answer 25

* NOT admissible to show negligence * MAY be admissible to show bias

Question 26

Offer to Compromise/Settle, admissible?

Answer 26

* NOT admissible to show liability quia that would violate public policy * Must be a dispute between parties in the first place for this even to apply

Question 27

Offer to Compromise + Admission: admissible?

Answer 27

* The WHOLE statement is NOT admissible

Question 28

Offer to Pay Medical Expenses: admissible?

Answer 28

NOT admissible to show liability quia would violate public policy

Question 29

Offer to Pay Medical Expenses + Admission: admissible?

Answer 29

Only the ADMISSION is admissible

Question 30

Plea Negotiations, admissible?

Answer 30

* NOT admissible quia would be against public policy

Question 31

Examples of plea negotiations

Answer 31

o No contest o Guilty plea later withdrawn o Any statement about guilty plea

Question 32

Exception to Plea Negotiations being inadmissible

Answer 32

could be ADMISSIBLE because: 1. the plea is coupled with an admissible statement AND 2. it is FAIR

Question 33

Past Sexual Conduct of Victim: admissible?

Answer 33

* generally is NOT admissible to show other sexual behavior or sexual predisposition

Question 34

Exception – Past Sexual Conduct of Victim: Criminal Cases

Answer 34

In a CRIMINAL Case: 1) goes to show consent occurred, 2) if the introduction of the past conduct protects defendant’s constitutional rights, OR 3) shows someone other than the D was the source of any physical evidence

Question 35

Exception – Past Sexual Conduct of Victim: Civil Cases

Answer 35

In a CIVIL Case: * ONLY if the probative value outweighs the prejudicial effect