Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
5 Cards in this Set
- Front
- Back
|
Lawyer-Client Privilege
|
Unlike FRE--this privilege is statutory
lawyer may only claim this privilege if he is claiming it on behalf of the client. |
|
|
Sunshine Law
|
All meetings of any board or commission of any state agency or authority or of a county, municipal corporation, or political subdivision at which official acts are to be taken are open to the public at all times.
The minutes of a meeting must be promptly recorded, and the records open to public inspection. Thus, communications made at these meetings are not confidential and do not give rise to attorney-client privilege. |
|
|
Physician-Patient
|
FL does not have--we say that it is confidential, not privileged. The statute has made it such that the records cannot be disclosed without your consent.
However, such records may be furnished without authorization upon the court issuing a subpoena and proper notice is given to you or your representative by the person seeking the records. Thus, although medical records are confidential, there is no evidentiary privilege |
|
|
Psychotherapist-Patient
|
FL - privileged (unlike doctor)
The patient has a privilege regarding the records which were made to psychotherapist for the purpose for diagnosis or treatment of a mental illness. (similar to FRE) |
|
|
Marital Communication Privilege
|
FRE: 2--spousal privilege AND marital communications privilege
FL--ONLY marital communications privilege The privilege does not apply: (1) when the spouses sue each other (2) when one of spouses charged with crime against spouse, property of the spouses, or the children (3) in criminal, if offered by defendant spouse Florida recognizes no joint participants’ exception, where spouses jointly participate in the crime. Instead we look to the defendant that needs to present a defense. |
