Privileges & Policy Exclusions

Question 1

Attorney/Client Privilege

Answer 1

1. must be a relationship
2. applies to ANYONE who works for the attorney
3. lasts forever
4. communication must be confidential

Privilege held by the CLIENT – can be waived by them

Question 2

Work product

Answer 2

generally protected under A/C privilege

Question 3

Exceptions to Attorney/Client Privilege

Answer 3

• getting advice on how to commit a crime
  -dispute between attorney and client

Question 4

Doctor/patient privilege

Answer 4

• statements about treatment or diagnosis
• others can be present to assist doctor or patient

Question 5

Exceptions to doctor/patient privilege

Answer 5

1. patient put his condition at issue
2. dispute between doctor and patient

Question 6

Spousal Communication Privilege

Answer 6

Protects confidential information disclosed during marriage:
-civil or criminal
-survives divorce
-statement must be made while they were legally married
-either spouse may exert privilege
-BOTH spouses must waive

Question 7

Spousal Testimonial Privilege

Answer 7

Prevents spouse from testifying:
- CRIMINAL case only
- must be legally married at trial
- covers events before/during marriage
- ENDS w/ divorce
- witness-spouse holds the privilege

Question 8

Spousal Privileges: Exceptions

Answer 8

1. statements about future crimes
2. statements about child or spousal abuse
   NO privilege if either of these elements apply

Question 9

Judicial Notice

Answer 9

• any evidence not subject to dispute
• these are a given — judge accepts this information because there is no contrary evidence/not subject to dispute

Question 10

When to take judicial notice

Answer 10

• judge MAY — whether requested or not
• judge MUST — if requested by a party

Question 11

Judicial Notice of Law

Answer 11

• MUST = federal or state law
• may = foreign law/municipal ordinance

Question 12

Jury Instructions for Judicial Notice

Answer 12

• civil = just MUST accept as conclusive
• criminal = jury may accept as conclusive

Question 13

Public Policy Exclusions: subsequent remedial measures

Answer 13

• evidence that something was fixed after an accident
• NOT ADMISSIBLE to show negligence
  EXCEPTION = to show ownership/control
  public policy rule

Question 14

Public Policy Exclusions: liability insurance

Answer 14

• NOT admissible to show negligence
• may be admissible to show bias

Question 15

Public Policy Exclusions: offer to compromise/settle

Answer 15

• NOT admissible for public policy
• must be a dispute between parties

Question 16

Public Policy Exclusions: offer to compromise + admission

Answer 16

the WHOLE statement is NOT ADMISSIBLE

Question 17

Public Policy Exclusions: offer to pay medical expenses

Answer 17

NOT admissible for public policy

Question 18

Public Policy Exclusions: offer to pay medical expenses + admission

Answer 18

only the admission is ADMISSIBLE

Question 19

Public Policy Exclusions: plea negotiations

Answer 19

• not admissible
• ADMISSIBLE with an admissible statement + FAIR

Question 20

Public Policy Exclusions: past sexual conduct of victim

Answer 20

• NOT admissible to show other sexual behavior or predisposition

Question 21

Public Policy Exclusions: exception to past sexual conduct of the victim

Answer 21

Criminal case:
-show consent
-protects the defendant’s constitutional rights
-the source of any physical evidence

Civil case:
- ONLY if the probative value outweighs the prejudicial effect