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9 Cards in this Set
- Front
- Back
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Privileges
(4) |
1) Atty-Client
2) Spousal 3) Psychotherapist 4) Social worker-client ***In civil cases under diversity jx - state privileges apply in federal court |
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Privilege --
Attorney-Client |
Communication between attorney and client or its representatives intended by client to be confidential (objectively) and made to faciliate legal services (CIVIL and CRIMINAL UNLESS WAIVED)
SURVIVES relationship |
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Privilege --
Attorney-Client Corporate Context (Federal) |
Applies to communications from employees/agents if corporation authorized EE/aent to community w/ attorney
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Privilege --
Exceptions to Attorney-Client Privilege (3) |
1) communication involves intent to commit crime-fraud
2) related to claim of alleged breach of duty between lawyer and client 3) two or more parties in matter of common interest and one party discloses info regarding the other |
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Privilege --
Psychotherapist-Patient |
Communication with provider and patient intended be client to be confidential and made to faciliate legal services (CIVIL and CRIMINAL UNLESS WAIVED)
No doctor-patient privilege under FEDERAL law, but many states allow - like CA ***does not apply when doc is expert for litigation*** |
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Privilege --
Exception to Patient Privilege (4) |
1) when patients puts physical condition in issue
2) when physician's services ISO crime or fraud or to escape capture after crime/tort 3) breach of duty cases 4) (SOME JX, incl CA) criminal actions |
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Privilege --
Social Worker-Client |
Communication with social worker and client intended be client to be confidential and made to faciliate legal services (CIVIL and CRIMINAL UNLESS WAIVED)
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Privilege --
Spousal Testimonial (4) |
1) Criminal cases only
2) applies to ANYTHING 3) Requires legally valid marriage 4) DOES NOT APPLY in crimes against spouse or their children |
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Privilege --
Spousal Confidential Communication (4) |
1) Civil and criminal cases
2) applies to conf comm during marriage 3) Requires legally valid marriage 4) DOES NOT APPLY in crimes against spouse or their children |
