Question 1

The rule relating to the news media-informant privilege is that:

Accepted Answer

A)  there is a canon of journalistic ethics forbidding the disclosure of sources of information that must be recognized at law. 
B)  this is a common law privilege and is claimed in the same manner as the husband-wife privilege. 
C)  in the absence of a statute, communications to a newspaper editor or to a reporter are not privileged. 
D)  the privilege is more important than the trial court's interest in enforcing its order and a defendant's right to a fair trial. 
A)  there is a canon of journalistic ethics forbidding the disclosure of sources of information that must be recognized at law. 
B)  this is a common law privilege and is claimed in the same manner as the husband-wife privilege. 
C)  in the absence of a statute, communications to a newspaper editor or to a reporter are not privileged. 
D)  the privilege is more important than the trial court's interest in enforcing its order and a defendant's right to a fair trial.

Question 2

The law enforcement-confidential informant privilege:

Accepted Answer

A)  has been interpreted to mean that the state is not required to disclose the name of the informant who gave information upon which probable cause for the search warrant was based. 
B)  provides that the state does not have to disclose informants even if the identity is essential to the defense. 
C)  is a privilege of the informant and may not be waived by the government. 
D)  cannot usually be claimed because public policy is not to protect the informant from reprisals. 
A)  has been interpreted to mean that the state is not required to disclose the name of the informant who gave information upon which probable cause for the search warrant was based. 
B)  provides that the state does not have to disclose informants even if the identity is essential to the defense. 
C)  is a privilege of the informant and may not be waived by the government. 
D)  cannot usually be claimed because public policy is not to protect the informant from reprisals.

Question 3

What is the physician-patient privilege? What is its primary purpose? What are the exceptions? Does the privilege apply to communications with a psychologist? Other relationships? Explain.

Accepted Answer

The physician-patient privilege is a leg

Question 4

Communications between a physician and his or her patient:

Accepted Answer

A)  were protected communications at common law. 
B)  are recognized by statute in all states as privileged communications. 
C)  are recognized as privileged in most states if specific prerequisites are met. 
D)  are protected communications that are so important that when a statute exists the privilege is absolute. 
A)  were protected communications at common law. 
B)  are recognized by statute in all states as privileged communications. 
C)  are recognized as privileged in most states if specific prerequisites are met. 
D)  are protected communications that are so important that when a statute exists the privilege is absolute.

Question 5

The physician-patient privilege:

Accepted Answer

A)  is recognized only when the communication is made in confidence. 
B)  may be invoked only by the physician, not the patient. 
C)  applies in all cases even if a statute requires a physician to report gunshot wounds. 
D)  may be claimed by the physician in malpractice cases even if the patient agrees to testify against the physician. 
A)  is recognized only when the communication is made in confidence. 
B)  may be invoked only by the physician, not the patient. 
C)  applies in all cases even if a statute requires a physician to report gunshot wounds. 
D)  may be claimed by the physician in malpractice cases even if the patient agrees to testify against the physician.

Question 6

Does the marital confidential communication spousal privilege exclude confidential statements made during marriage if the trial takes place after a divorce? Explain. Are both parties to the marriage considered holders of this privilege? Does the same rule apply if the parties are separated but not divorced?

Accepted Answer

The marital confidential communication s

Question 7

The evidence rule preventing disclosure of communications to clergy (priests, rabbis, imams, preachers):

Accepted Answer

A)  applies only if the communication is confidential and only if made to a clergy member in a professional capacity. 
B)  applied at common law but no longer applies today. 
C)  may be waived by either the clergy member or the penitent. 
D)  applies even though the communications were not made in confidence. 
A)  applies only if the communication is confidential and only if made to a clergy member in a professional capacity. 
B)  applied at common law but no longer applies today. 
C)  may be waived by either the clergy member or the penitent. 
D)  applies even though the communications were not made in confidence.

Question 8

What is the present status of the law relating to the news media-informant privilege?

Accepted Answer

The present status of the law relating t

Question 9

In State v. Bergmann, the defendant was arrested for drunken driving and taken to a hospital where blood was drawn. The results of the blood test were suppressed because of the unconstitutional way the blood was collected. The attorney sent a note to the prosecutor's office that included the medical records to reference the blood-alcohol content of the driver, Bergmann. Over the defendant's objection, the blood-alcohol evidence was introduced against him at his trial for driving under the influence. Why did the trial court rule that there was no doctor-patient privilege involved here, and that the blood evidence was properly admitted against Bergmann?

Accepted Answer

In the case of State v. Bergmann, the tr

Question 10

Under what conditions does the state have the right to withhold from disclosure the identity of persons who furnish information to the police concerning the commission of a crime? Give some examples.

Accepted Answer

The state has the right to withhold the

Question 11

What is the rationale for the testimonial privilege that declares some evidence, although relevant, to be inadmissible in criminal cases?

Accepted Answer

The rationale for the testimonial privil

Question 12

The principle of the attorney-client privilege:

Accepted Answer

A)  is of recent origin and applies if a state statute so indicates. 
B)  is grounded in the common law and is of ancient origin. 
C)  has been incorporated into the statutory law of most states to protect attorneys. 
D)  applies even if the attorney is not authorized by law to practice. 
A)  is of recent origin and applies if a state statute so indicates. 
B)  is grounded in the common law and is of ancient origin. 
C)  has been incorporated into the statutory law of most states to protect attorneys. 
D)  applies even if the attorney is not authorized by law to practice.

Question 13

In considering the duration of the marital testimonial privilege, the courts have generally agreed that:

Accepted Answer

A)  utterances made in confidence subsequent to the divorce of the parties are nevertheless protected by the privilege. 
B)  when the spouses are divorced at the time of the trial, the purposes of the marital testimonial privilege no longer apply. 
C)  when the courts consider the marital testimonial privilege and its duration, it makes little difference whether the parties are divorced or separated. 
D)  if the previous spouses continue to live with each other after the divorce, the marital testimonial privilege continues to exist as if they were still married. 
A)  utterances made in confidence subsequent to the divorce of the parties are nevertheless protected by the privilege. 
B)  when the spouses are divorced at the time of the trial, the purposes of the marital testimonial privilege no longer apply. 
C)  when the courts consider the marital testimonial privilege and its duration, it makes little difference whether the parties are divorced or separated. 
D)  if the previous spouses continue to live with each other after the divorce, the marital testimonial privilege continues to exist as if they were still married.

Question 14

Traditionally, the courts in most states recognized and protected confidential communications that occurred in the following confidential relationships, except:

Accepted Answer

A)  marital relationships. 
B)  accountant-client relationship. 
C)  clergy-penitent relationship. 
D)  attorney-client relationship. 
A)  marital relationships. 
B)  accountant-client relationship. 
C)  clergy-penitent relationship. 
D)  attorney-client relationship.

Question 15

Some testimony, even though relevant, is not admitted at trial because of what is known as the testimonial privilege rule. The rationale for this rule is that:

Accepted Answer

A)  such evidence is not reliable. 
B)  this avoids undue prejudice to the accused. 
C)  constitutional provisions prohibit the use of all communications to and from a client's attorney. 
D)  a public policy determination has been made that certain relationships should be protected by excluding some testimony that relates to that relationship. 
A)  such evidence is not reliable. 
B)  this avoids undue prejudice to the accused. 
C)  constitutional provisions prohibit the use of all communications to and from a client's attorney. 
D)  a public policy determination has been made that certain relationships should be protected by excluding some testimony that relates to that relationship.

Question 16

What is the policy basis of the rule that certain state secrets are privileged?

Accepted Answer

The policy basis of the rule that certai

Question 17

When considering privileged communications, there are two rules. What are they? What is the rationale for the courts' reluctance to expand the privilege?

Accepted Answer

The two rules for privileged communicati

Question 18

The case of Trammel v. United States, noted in the text, involved a husband who had been indicted on federal drug charges while his wife had been named in the indictment as an unindicted conspirator and had been persuaded to assist in the prosecution of her husband. According to the Supreme Court of the United States, the trial court:

Accepted Answer

A)  improperly permitted Mrs. Trammel to offer evidence against her husband because it violated the marital testimonial privilege because they were still married to each other at the time of the trial. 
B)  properly allowed Mrs. Trammel to testify against her husband concerning non-confidential conversations the couple had between them and concerning other conversations where third parties were present because the Court held that only the witness-spouse has a privilege not to testify against the other. 
C)  properly allowed Mrs. Trammel's testimony against her husband because, as one partner in the marriage, she may waive any marital privilege if she so choses. 
D)  properly allowed Mrs. Trammel to give adverse testimony against her husband because the prosecution had a high level of need for the evidence, which exceeded Mr. Trammel's need to keep the evidence from admission. 
A)  improperly permitted Mrs. Trammel to offer evidence against her husband because it violated the marital testimonial privilege because they were still married to each other at the time of the trial. 
B)  properly allowed Mrs. Trammel to testify against her husband concerning non-confidential conversations the couple had between them and concerning other conversations where third parties were present because the Court held that only the witness-spouse has a privilege not to testify against the other. 
C)  properly allowed Mrs. Trammel's testimony against her husband because, as one partner in the marriage, she may waive any marital privilege if she so choses. 
D)  properly allowed Mrs. Trammel to give adverse testimony against her husband because the prosecution had a high level of need for the evidence, which exceeded Mr. Trammel's need to keep the evidence from admission.

Question 19

The marital testimonial privilege has developed over a period of many years. One modern rule is that:

Accepted Answer

A)  a spouse may not testify for or against the other spouse in a criminal proceeding in federal court. 
B)  the protection does not continue after divorce as to statements made prior to marriage. 
C)  the privilege does not exist when the parties are separated but not divorced. 
D)  information privately disclosed between spouses in the confidence of the marital relationship is protected. 
A)  a spouse may not testify for or against the other spouse in a criminal proceeding in federal court. 
B)  the protection does not continue after divorce as to statements made prior to marriage. 
C)  the privilege does not exist when the parties are separated but not divorced. 
D)  information privately disclosed between spouses in the confidence of the marital relationship is protected.

Question 20

State and give examples of three exceptions to the husband-wife privilege.

Accepted Answer

The husband-wife privilege, also known a

The rule relating to the news media-informant privilege is that:

The law enforcement-confidential informant privilege:

What is the physician-patient privilege? What is its primary purpose? What are the exceptions? Does the privilege apply to communications with a psychologist? Other relationships? Explain.

Communications between a physician and his or her patient:

The physician-patient privilege:

The evidence rule preventing disclosure of communications to clergy (priests, rabbis, imams, preachers):

What is the present status of the law relating to the news media-informant privilege?

Under what conditions does the state have the right to withhold from disclosure the identity of persons who furnish information to the police concerning the commission of a crime? Give some examples.

What is the rationale for the testimonial privilege that declares some evidence, although relevant, to be inadmissible in criminal cases?

The principle of the attorney-client privilege:

In considering the duration of the marital testimonial privilege, the courts have generally agreed that:

Traditionally, the courts in most states recognized and protected confidential communications that occurred in the following confidential relationships, except:

Some testimony, even though relevant, is not admitted at trial because of what is known as the testimonial privilege rule. The rationale for this rule is that:

What is the policy basis of the rule that certain state secrets are privileged?

When considering privileged communications, there are two rules. What are they? What is the rationale for the courts' reluctance to expand the privilege?

The marital testimonial privilege has developed over a period of many years. One modern rule is that:

State and give examples of three exceptions to the husband-wife privilege.

The Study of Evidence: History, Development, and Approach

Burden of Proof

Proof Via Evidence

Substitutes for Admission of Evidence

Relevancy and Materiality

Competency of Evidence and Witnesses

Examination of Witnesses

Opinions and Expert Testimony

Hearsay Rule and Exceptions

Documentary Evidence

Real Evidence

Results of Examinations and Tests

Evidence Unconstitutionally Obtained

Filters

Exam 8: Privileges

The rule relating to the news media-informant privilege is that:

The law enforcement-confidential informant privilege:

What is the physician-patient privilege? What is its primary purpose? What are the exceptions? Does the privilege apply to communications with a psychologist? Other relationships? Explain.

Communications between a physician and his or her patient:

The physician-patient privilege:

The evidence rule preventing disclosure of communications to clergy (priests, rabbis, imams, preachers):

What is the present status of the law relating to the news media-informant privilege?

Under what conditions does the state have the right to withhold from disclosure the identity of persons who furnish information to the police concerning the commission of a crime? Give some examples.

What is the rationale for the testimonial privilege that declares some evidence, although relevant, to be inadmissible in criminal cases?

The principle of the attorney-client privilege:

In considering the duration of the marital testimonial privilege, the courts have generally agreed that:

Traditionally, the courts in most states recognized and protected confidential communications that occurred in the following confidential relationships, except:

Some testimony, even though relevant, is not admitted at trial because of what is known as the testimonial privilege rule. The rationale for this rule is that:

What is the policy basis of the rule that certain state secrets are privileged?

When considering privileged communications, there are two rules. What are they? What is the rationale for the courts' reluctance to expand the privilege?

The marital testimonial privilege has developed over a period of many years. One modern rule is that:

State and give examples of three exceptions to the husband-wife privilege.

The Study of Evidence: History, Development, and Approach

Burden of Proof

Proof Via Evidence

Substitutes for Admission of Evidence

Relevancy and Materiality

Competency of Evidence and Witnesses

Examination of Witnesses

Opinions and Expert Testimony

Hearsay Rule and Exceptions

Documentary Evidence

Real Evidence

Results of Examinations and Tests

Evidence Unconstitutionally Obtained

Filters