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8 Cards in this Set
- Front
- Back
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Attorney-client privilege
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Communications between an attorney and client, made during professional consultation are privileged from disclosure
-privileges made to third parties are covered if necessary to transmit information between the attorney and client -client holds privilege |
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When privilege does not apply
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where services were sought to aid in the planning or commission of a what the client should have known was a crime
-parties claiming through the same deceased client -dispute between attorney and client |
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Psychotheraptist and social worker
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Communication between these to intended to be confidential and intended to facilitate rendition of professional psychological services is privileged in all civil and criminal proceedings unless waived
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Doctor patient
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does not exist under the FRE but will apply in FRE in cases of diversity
-patient has a privilege to prevent disclosure of information confidentially conveyed to a physician where the patient conveyed the infor to obtaine diagnosis or treatment and the info was pertenent to diagnosis or treatment |
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Exceptions to doc
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i)patient puts physical condition in issue
ii) physician's services sought to aid in crime or fraud, or to escape cature after a crime or tort iii) cases alleging malpractice |
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Spousal testimony
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permits the spouse to act as witness in criminal cases
-held by testifying spouse -need only be married at the time of trial -does not apply in crimes against spouse or kids |
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Spousal confidential communications
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protects confidential communications in civil or criminal
-both spouses hold it -survived divorce |
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Judicial notice
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Court will take judicial notice of a fact, eliminating the need for it to be proven by evidence if it is generally known within the JN or capable of accurate and ready determination by resort to sources whose accuracy cannot be reasonably questionsed
civil: courts must accept fact as conclusive criminal: jury may, but is not required to accept judicially noticed fact |
