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22 Cards in this Set
- Front
- Back
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What is the rationale of the Attorney-Client Privilege
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to encourage clients to speak openly to counsel
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What are the elements of the attorney-client privilege?
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- confidential communications
- between attorney and client (or rep) - made during professional, legal consultation - unless privilege is waived by the client - or an exception is applicable |
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What is confidential communications?
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the client must intend confidentiality
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What is the joint client rule?
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if 2 or more clients with common interest consult the same attorney, their communications with counsel concerning the common interest are privileged as to third parties.
BUT, if the joint clients later have dispute with each other concerning the common interest, the privilege will not apply between them |
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Who is a client
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includes persons seeking legal representation
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What is professional legal consultation?
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Purpose of the meeting must be to obtain or render legal services...not business advice or a social meeting
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What is a voluntary waiver?
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only the client has the power to waive the privilege
- privilege continues after death |
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What is a subject-matter waiver?
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a voluntary waiver of the privilege as to some communications will also waive the privilege to other communications, if:
- the partial disclosure is intentional - the disclosed and undisclosed communications concern the same-subject matter AND - fairness requires that the disclosed and undisclosed communications be considered together |
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What is an inadvertant waiver?
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an inadvertant disclosure of a privileged communication will not waive the privilege so long as the privilege holder:
- took reasonable stpes to prevent the disclosure - takes reasonable steps to correct the error |
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What are the exceptions to the attorney/Client privilege?
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Future Crime or Fraud
Client puts legal advice at issue attorney client dispute |
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What is the rationale of the physician/Patient Privilege?
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to encourage candor by patient and to protect privacy
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What are the elements of the physician/patient privilege?
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- confidential communications or info acquired by physician from patient
- for purpose of diagnosis or treatment of a medical condition - Also applies for mental treatment - IN federal court, only applies to mental treatment |
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What are the exceptions to the physician/patient privilege?
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if patient puts physical or mental condition in issue
NC - judge may lift the privilege if necessary to for proper administration of justice |
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What is the rule for spousal immunity?
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a spouse cannot be compelled to testify about anything against the defendant spouse
- must be married at the time of trial - only for criminal cases |
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What is the rationale behind the spousal immunity?
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to protect harmony of existing marriage at time of trial
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Who is the holder of the spousal immunity?
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witness spouse, not the D
- witness spouse may testify if he/she chooses |
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What is the Confidential Communication Between Spouses privilege?
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in any typpe of case, a spouse is not allowed (without consent of the other spouse) to disclose confidential communication made by one to the other during the marriage.
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Who holds the Confidential Communications between Spouses Privilege?
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Both spouses
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What are exceptions to the husband/wife privileges?
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-communications or acts in furtherance of jointly-perpetrated future crime
-communications or acts destructive of family unit (spouse or child abuse) - in litigation between the spouses themselves |
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What is the clergy penitent privilege?
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NC - there is a privilege for communication between clergy and communicants
- can be waived in open court |
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What is the professional Journalist Privilege?
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NC - a journalist has a privilege not to disclose in any legal proceeding info obtained or prepared while acting as a journalist UNLESS
1) it is relevant and material to the legal proceeding 2) cannot be obtained from alternative sources 3) is essential to the maintenance of a claim or defense |
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What is the victim of Rape and Domestic Violence privilege?
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info communicated by a victim to a help center is privileged.
- victim can waive the privilege - Trial court must compel disclosure: 1) it is relevant 2) is not being used just as character evidence 3) is not sumulative of other evidence |
