Deck 10: Privileges

Question 1

Which of the following statements is true about testimonial privilege?

A) The holder of the privilege can waive the privilege.
B) The holder of the privilege can invoke the privilege and refuse to testify.
C) The holder of the privilege can prevent the other party to the privilege from testifying.
D) All of the above are true.
E) Only a and b are true.

Answer 1

D

Question 2

One criticism of testimonial privilege is:

A) It inhibits the truth.
B) It is easily abused.
C) It is difficult to invoke.
D) It can be overruled by the court.

Answer 2

A

Question 3

The source of privileges in today's courts includes:

A) The Federal Rules of Evidence
B) Common law
C) Legislative enactments
D) All of the above

Answer 3

D

Question 4

Which statement best reflects the position of the Federal Rules of Evidence on privilege?

A) The Federal Rules of Evidence specifically identify 13 testimonial privileges.
B) The Federal Rule of Evidence 501 is the only Federal Rule of Evidence that addresses testimonial privilege.
C) The Federal Rules of Evidence provide strict guidelines that limit a court's ability to recognize a new form of testimonial privilege.
D) The Federal Rules of Evidence do not recognize the common law approach to testimonial privilege.

Question 5

The recognized privileges generally have certain common requirements. Which of the following represents a common requirement?

A) The statement must have been made or communicated in confidence.
B) The holder of the privilege may waive the privilege.
C) Privilege ends with the death of one of the holders of the privilege.
D) Only a and b are correct.

Question 6

The oldest privilege protecting the confidentiality of communication is:

A) The attorney-client privilege
B) The clergy-penitent privilege
C) The physician-patient privilege
D) The husband-wife privilege

Question 7

Which of the following statement is true about the attorney-client privilege?

A) The privilege only applies in a criminal matter.
B) If the client confesses to a crime, the attorney is not bound by the privilege.
C) The client must waive privilege for either the client or the attorney to disclose confidential information stemming from their professional relationship
D) Under common law, the attorney-client privilege did not recognize the privilege if the attorney was court-appointed.

Question 8

In Upjohn Co. v. United States, the U.S. Supreme Court noted that reasons for recognizing the attorney-client privilege include:

A) A social interest to encourage clients to share information with their attorneys so the attorney can mount an effective defense
B) Guaranteeing confidentiality to encourage clients to share all the relevant information with the attorney so the attorney can provide effective representation
C) Protecting the special obligation of loyalty that exists between an attorney and client
D) All of the above

Question 9

Which of the following is a correct statement about the attorney-client privilege?

A) The attorney is the holder of the privilege.
B) The attorney is presumed to have the ability to invoke the privilege on behalf of the client.
C) The attorney may not invoke the privilege if it has been waived by the client.
D) The attorney can waive the privilege without the client's consent.

Question 10

If a client plans to take the witness stand at his or her trial and deny committing the crime he or she is charged with despite having confessed to his or her attorney that he or she has committed the crime, which of the following actions can his or her attorney take?

A) The attorney can reveal to the court that the client has or is about to commit perjury.
B) The attorney has a duty to reveal to the court that the client will be committing perjury.
C) The attorney has an obligation to try to convince the client to testify truthfully or to withdraw from the case.
D) The attorney can refuse to question the client when the client is on the witness stand and turn the client over to the prosecution without allowing the client to testify.

Question 11

Tom has retained Mary as his legal counsel. During a meeting with Mary, Tom reveals to Mary that he operates a clandestine drug operation and asks Mary to help him devise a way to launder the profits from his drug operations to his offshore bank account in a way to evade U.S. law. What are Mary's legal obligations to Tom?

A) Mary cannot reveal any part of this conversation because the conversation took place under the protection of the attorney-client privilege
B) Mary has a duty to provide services to her client and, under the attorney-client privilege, any actions taken by Mary are protected by the attorney-client privilege.
C) Because Tom has requested Mary's assistance to help him commit what Tom knows to be a crime, the attorney-client privilege does not exist.
D) Mary has a right to refuse Tom's request, terminate the attorney-client relationship, and never disclose any details of the conversation that occurred between her and Tom.

Question 12

An attorney is permitted to use confidential statements that were made by his or her client during the attorney-client relationship in all the following situations, except:

A) If the client is suing the attorney for malpractice, the attorney may use confidential statements to defend himself or herself.
B) If an attorney is suing the client to collect payment for services provided by the attorney to the client, the attorney may use confidential statements in seeking compensation.
C) If the client intends to perjure himself or herself on the witness stand, the attorney can use confidential statements to convince the judge to sever the attorney-client privilege.
D) If the client is suing the attorney for ineffective assistance of counsel, the attorney can testify about conversations he or she had with the client during the attorney-client relationship.

Question 13

Which of the following is an exception to the confidential nature of attorney-client privilege?

A) The crime-fraud exception
B) The conflict of interest exception
C) The incidental details exception
D) The co-conspirator exception

Question 14

Topics or areas of discussion not covered by the attorney-client privilege include all of the following, except:

A) The client's name as revealed during attorney-client conversations
B) The date of the attorney's consultation with the client
C) The client's past criminal history as disclosed during attorney-client conversations
D) The amount of money the client paid the attorney for legal services as negotiated during attorney-client conversations

Question 15

Gary is represented by Ted and Alice in his criminal case. At trial, Gary, against the advice of Ted and Alice, insists on calling Alice to the stand as a witness. Over strenuous objections, Alice complies with Gary's demands and takes the stand at Gary's trial. How does Gary's demand impact the attorney-client privilege?

A) Alice cannot offer testimony on any confidential conversation that occurred with Gary during their attorney-client relationship.
B) By calling Alice to the stand, Gary has authorized Alice to waive her right to the attorney-client privilege.
C) By calling Alice to the stand, Gary waived his right to the attorney-client privilege.
D) Alice cannot take the stand and testify as a witness for Gary unless the court relieves her of her duty as Gary's trail counsel.

Question 16

In_______________, the Court held that the purpose of the clergy-penitent privilege is to allow individuals to confess and to find forgiveness for their sins and salvation without fear that their statements will be used against the in a criminal trial.

A) Chimel v. California
B) Trammel v. United States
C) Sherman v. Connecticut
D) Waters v. O'Connor

Question 17

Which of the following statements are true about the clergy-penitent privilege?

A) The holder of the privilege is the penitent.
B) The clergy can claim the privilege on behalf of the penitent if the clergy is called to testify.
C) The clergy can refuse to testify in some circumstances even when the penitent has waived the privilege.
D) All of the above statements are true.

Question 18

The scope of the clergy-penitent privilege includes:

A) Communications made while seeking spiritual guidance
B) Communications made during marriage counseling
C) Communications made during religious education sessions
D) Both a and b

Question 19

The clergy-penitent privilege is waived by which of the following situations?

A) The communicant confesses to a crime during a talk with the pastor after church services.
B) The communicant discloses the contents of the clergy-penitent communications to his friends.
C) The communicant confesses to a crime and asks forgiveness during spiritual counseling with the clergyman.
D) Both a and b are correct, but not c

Question 20

Which of the following statements is true about the physician-patient privilege?

A) The physician-patient privilege was first recognized in a 1928 New York statute.
B) The physician-patient privilege is recognized by the federal courts.
C) The physician-patient privilege is a product of common law.
D) Both a and c are correct.

Question 21

Which of the following are considered physicians under the physician-patient privilege?

A) MDs
B) Chiropractors
C) Osteopaths
D) All of the above

Question 22

Under which of the following circumstances is the communication between a physician and patient subject to privilege?

A) When the communication is made to the doctor in search of a diagnosis for the illness
B) When the communication is made by the patient during treatment for the ailment
C) When the communication is made during an examination for insurance coverage
D) Only a and b

Question 23

Which of the following statements is true about the physician-patient privilege?

A) The privilege belongs to the patient.
B) The doctor cannot assert the privilege at trial if the patient is not present at the trial.
C) If the patient waives the privilege, the physician can exercise the privilege and cannot be compelled to testify.
D) The privilege applies when an outside, nonessential third party is present during the conversation with the doctor.

Question 24

The physician-patient privilege does not include:

A) Communications about the lethality of certain drugs
B) Notifying the proper authorities in situations where the physician has a legal duty to report
C) Incidental information, such as dates of treatment
D) All of the above

Question 25

The psychotherapist-patient privilege would not prevent a therapist from testifying:

A) About communications between the psychotherapist and the patient during the patient's diagnosis
B) In a court-ordered mental exam
C) Without a waiver of the privilege by the patient
D) About communications made by the patient during the treatment of the patient's emotional disorder

Question 26

For the marital communication privilege to attach, all of the following are true, except:

A) The marital communications were made in confidence during the marriage.
B) The marriage is legally recognized under state law.
C) The privilege attaches to couples who have resided together as husband and wife for at least 10 years.
D) All of the above are true.

Question 27

Larry and Linda are married. Larry is being sued for embezzlement by his former employer. The prosecution has issued a subpoena for Linda and plans to question Linda about conversations she had with Larry, hoping to gain information about the crime. Linda is exploring what her options are at this point. Which of the following is not one of Linda's options?

A) Linda can refuse to testify based on the marital communication privilege.
B) Linda can waive the marital communications privilege in exchange for immunity from prosecution and can then testify against Larry without Larry having to waive the privilege.
C) Linda can refuse to testify to the communications unless Larry waives the marital communications privilege.
D) Linda can testify if both she and Larry waive the marital communications privilege.

Question 28

A marital communication may not be privileged if:

A) The communication was overheard by other persons
B) The communications were read by other persons
C) Other individuals had access to the communications
D) All of the above.

Question 29

Under which of the following circumstances would a waiver of the marital communications privilege be necessary for one spouse to provide the information requested of them?

A) Jess is charged with domestic violence against Sara, his spouse. Sara is asked to give information about a phone call she had with Jess.
B) Kory is charged with physically abusing his daughter in the home he shares with his wife, Elsa, and the daughter-victim. Elsa is called to testify against Kory about the contents of some e-mails between her and Kory.
C) Charlie is charged with bigamy. One of his wives, Beth, is called to testify against Charlie about letters Charlie wrote to Beth.
D) All of the above apply.
E) The marital communications privilege does not apply in any of the above situations, therefore no waiver would be required.

Question 30

Which of the following statements does not reflect an accurate comparison of the marital communications privilege and the marital testimony privilege?

A) The marital communications privilege protects only confidential communications whereas the marital testimony privilege protects actions and observations.
B) The marital communications privilege survives the end of the marriage whereas the marital testimony privilege does not.
C) The marital communications privilege applies to both civil and criminal matters marriage as does the marital testimony privilege.
D) The marital communications privilege applies only to events that occur during the marriage whereas the marital testimony privilege applies to events before the marriage.

Question 31

Executive privilege is absolute in regard to matters concerning ________________ communications.

A) military
B) national security
C) diplomatic
D) all of the above
E) only a and b

Question 32

Which of the following justifies grand jury secrecy?

A) The confidentiality of proceedings protects the independence and free deliberations of the grand jury.
B) The secrecy protects individuals required to testify before the grand jury and encourages witnesses to testify openly without fear of retribution.
C) Confidentiality helps to ensure that individuals who may be indicted do not flee the jurisdiction to avoid impending criminal charges.
D) Only a and b
E) All of the above

Question 33

In ________________, the U.S. Supreme Court held that the First Amendment does not mandate recognition of a journalist's privilege to refuse to respond to a grand jury subpoena to reveal information relevant to a criminal prosecution.

A) Bronson v. Hetch
B) Branzburg v. Hayes
C) Zurcher v. Stanford Daily
D) Zuckerman v. The Daily News

Question 34

Which of the following is true about the news media privilege?

A) The privilege was recognized at common law as the journalist shield law.
B) The U.S. Supreme Court has held that the First Amendment mandates the news media privilege.
C) The U.S. Supreme Court has rejected the notion that the First Amendment mandates the news media privilege.
D) The U.S. Supreme Court has held that journalist have a right to not reveal their confidential sources.

Question 35

Most states have statutes providing for a qualified media privilege that are designed to:

A) Protect a journalist from revealing his or her confidential sources
B) Protect a journalist from testifying about material that has not been published or broadcast
C) Protects a journalist from responding to a subpoena duces tecum with material that has not been published or broadcast
D) All of the above
E) Only b and c

Question 36

Which of the following is not a public policy reason for the confidential informant privilege?

A) Information provided by citizens can assist the police in investigating and detecting crime.
B) Citizens should feel an obligation to report crime to law enforcement officials.
C) Withholding an informant's identity encourages individuals to cooperate with the police and protects individuals against retribution.
D) The identity of the informant is crucial to the ability of the defendant to offer an effective defense and confront his or her accusers.

Question 37

Testimonial privilege, if invoked, allows the holder of the privilege to refuse to testify.

Question 38

The Federal Rules of Evidence leave it up to the courts to determine the relationships that are privileged.

Question 39

Privileges are based on the right to be "left alone" in certain important relationships.

Question 40

The holder of the attorney-client privilege is both the attorney and the client.

Question 41

Unless waived, the attorney-client privilege would prevent the attorney from disclosing the client's confessions about his past crimes.

Question 42

The crime-fraud exception applies to the attorney-client privilege and the clergy-penitent privilege.

Question 43

The physician-patient privilege is recognized in both state and federal courts.

Question 44

The marital communications privilege applies only in criminal court.

Question 45

Both spouses must waive the marital communications privilege before either one can disclose his or her confidential communications

Question 46

The marital testimony privilege only applies to testimony that is against the interests of the spouse.

Question 47

The marital testimony privilege applies to events before as well as during the marriage.

Question 48

The government is the holder of the grand jury privilege.

Question 49

Law enforcement officers possess a broad confidential informant privilege to withhold the identities of confidential informants who assist them in investigating and detecting criminal activities.

Question 50

The journalist shield laws protect a journalist' First Amendment right to withhold from a grand jury information that is relevant to a criminal prosecution.

Question 51

The President of the United States has an absolute executive privilege to protect any confidential communications created under his authority as President.

Question 52

Discuss the requirements of the attorney-client privilege.

Question 53

Explain how the work-product privilege differs from the attorney-client privilege.

Question 54

Identify the four elements of the clergy-penitent privilege.

Question 55

What two privileges comprise the husband-wife privilege?

Question 56

What is the basis for requiring the disclosure of the identity of an informant?

Question 57

The criminal court process depends on a full and accurate presentation of facts. Why then does the law provide for privileges that allow people in certain relationship to avoid testifying about criminal matters?

Question 58

Why does the husband-wife privilege involve two separate and distinct privileges?

Question 59

What is the Court's position on the relationship between the First Amendment and the news media privilege?

Question 60

Discuss why the executive privilege carves out certain confidential communications that have absolute privilege while other confidential communications are presumptively privileged. How does one override the presumption?