Deck 10: Testimonial Privileges

Question 1

In camera is a

A) private hearing held in the judge's chambers.
B) video arraignment.
C) rule protecting reporter's sources.
D) rule that applies to journalistic cameramen.

Answer 1

A

Question 2

A right held by a person who was a party to a confidential relationship, the sanctity of which the law values above the search for the truth, is

A) immunity.
B) privilege.
C) amendment protection.
D) confidentiality clause.

Answer 2

B

Question 3

Testimonial privilege was created to

A) annoy law enforcement.
B) protect the confidentiality of communications that take place in certain relationships.
C) add formality to courtroom procedures.
D) protect accused individuals.

Answer 3

B

Question 4

Testimonial privileges are positive because they

A) encourage open and honest communication in relationships where such communication is essential.
B) place a higher burden on the state.
C) protect children.
D) enable dishonest practice.

Question 5

The right to remain silent is covered in the

A) Fourth Amendment.
B) Fifth Amendment.
C) Sixth Amendment.
D) Seventh Amendment.

Question 6

Immunity in which the state cannot use any evidence derived from the immunized testimony against the witness is

A) use immunity.
B) transactional immunity.
C) diplomatic immunity.
D) derivative use immunity.

Question 7

Immunity in which the witness cannot be prosecuted for any activities about which he or she testifies is

A) derivative use immunity.
B) use immunity.
C) diplomatic immunity.
D) transactional immunity.

Question 8

Before a court will determine that a testimonial privilege exists,

A) a full hearing must be held.
B) the relationship must be one that society believes should be promoted and protected.
C) a relationship must be established.
D) the parties must have their communication in writing.

Question 9

Marital testimony privilege covers

A) beneficial testimony.
B) expert testimony.
C) lay testimony.
D) adverse testimony.

Question 10

Disclosure of confidential communications between spouses is protected by

A) marital testimony privilege.
B) marital communications privilege.
C) marital discourse privilege.
D) common law.

Question 11

Marital communications privilege applies to confidential communications made

A) during the marriage.
B) prior to marriage.
C) after a divorce.
D) all of the above

Question 12

Doctor-patient privilege applies to

A) any communication.
B) communication made for the purpose of, and relevant to, obtaining treatment of a disease.
C) communication made for the purpose of, and relevant to, obtaining of a disease.
D) any communication in writing.

Question 13

An exception to doctor-patient privilege is

A) when the doctor is subpoenaed.
B) when the doctor is sequestered.
C) treatment of any wounds by a deadly weapon.
D) mental health cases.

Question 14

State secrets privilege

A) applies to juvenile cases only.
B) no longer is applicable.
C) is a relic left over from common law.
D) still is in existence today.

Question 15

The Freedom of Information Act grants the public access to

A) all news articles.
B) all court documents.
C) most government documents.
D) medical records.

Question 16

A shield law is analogous to

A) journalist's privilege.
B) confidential informant's privilege.
C) law enforcement privilege.
D) a sword law.

Question 17

Which of the following allows the estate of a deceased person to keep the party who is contesting the distribution of the estate's assets from testifying about a transaction with the deceased?

A) dead man walking
B) dead man's privilege
C) dead man's act
D) dead man's moratorium

Question 18

The right not to answer any questions or testify at trial is

A) a Sixth Amendment right.
B) a law enforcement protection.
C) attorney privilege.
D) the defendant's privilege.

Question 19

When the law protects certain communications from being heard in court, they are

A) incommunicado.
B) stricken.
C) privileged communications.
D) sacred testimony.

Question 20

The person who has the right to keep certain thing from being revealed is

A) law enforcement.
B) an expert.
C) the holder of the privilege.
D) the keeper of the privilege.

Question 21

Testimonial privileges have existed since

A) 1776.
B) the early 1800s.
C) Babylonian times.
D) Roman times.

Question 22

How many privileged communications were contained within the original Federal Rules of Evidence?

A) seven
B) eight
C) nine
D) ten

Question 23

The privilege against self-incrimination

A) is total.
B) applies only to testimonial self-incrimination.
C) applies only to written work.
D) applies only to witnesses.

Question 24

Shielding or barring a witness from testifying is known as what type of privilege?

A) silence
B) testimonial
C) privacy
D) shelter

Question 25

What is the legal protection of certain communications from being revealed in court known as?

A) secret.
B) protected.
C) privileged.
D) confidential.

Question 26

What is the person who has the right to prevent certain information from being revealed known as?

A) keeper of the privilege
B) arbiter of the privilege
C) protector of the privilege
D) holder of the privilege

Question 27

Which of the following is a criticism of testimonial privileges?

A) They preserve certain relationships.
B) Certain vocations require confidentiality.
C) They sometimes exclude important relevant evidence.
D) They encourage open and honest communication in certain relationships.

Question 28

In which of the following situations can a prosecutor comment on a defendant claiming the right to remain silent?

A) A suspect caught with a weapon used in a murder refuses to speak with police.
B) An obviously guilty defendant chooses not to testify.
C) A defendant begins to speak to police and then abruptly refuses to speak more.
D) A defendant claims during closing arguments that her story was never told.

Question 29

Which of the following is the broadest form of immunity?

A) derivative use immunity
B) transactional immunity
C) complete immunity
D) ultimate immunity

Question 30

Which of the following would not comply with the common law marital testimony privilege?

A) A husband forbids his wife from testifying against him in a murder trial.
B) A wife declines to testify against her husband in a murder trial.
C) A wife testifies in court that her husband committed battery against her.
D) A wife declines to testify against her husband in a trial accusing him of battering her.

Question 31

Which of the following is true of the modern majority rule concerning the marital testimony privilege?

A) A spouse can never testify against a spouse in a criminal trial.
B) A spouse can testify in a criminal trial only if the testimony supports the spouse.
C) A spouse can choose to testify in a criminal trial regardless of the wishes of the other spouse.
D) A spouse can choose to testify against a spouse only if they are legally separated.

Question 32

Which of the following is not protected by the majority rule of the marital communications privilege?

A) communications between a married couple that occurred while the two were engaged
B) communications between a divorced couple that occurred while the two were married
C) communications between a married couple who are currently separated
D) communications between a married couple when a person was eavesdropping without the knowledge of the couple

Question 33

Which of the following is the oldest testimonial privilege?

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

Question 34

In which of the following situations would the attorney-client privilege not apply?

A) A prospective client confesses to a crime to a prospective attorney; the attorney declines to take the case.
B) A client confesses to a murder and tells the attorney where the body is located.
C) A client confesses to a murder and hands the murder weapon to the attorney for safe-keeping.
D) A client tells the attorney that a ghost is following him or her around and that if it ever becomes human he or she will kill it.

Question 35

Which of the following is not true of the doctor-patient privilege?

A) It did not exist at common law.
B) All states now have the privilege.
C) Many believe the privilege is unnecessary.
D) It exists only for communications made for seeking treatment.

Question 36

Which of the following is not true of the psychotherapist-patient privilege?

A) The psychotherapist must have a M.D. or PhD degree to counsel the patient.
B) The privilege is recognized in all fifty states.
C) The privilege has greater justification than the doctor-patient privilege.
D) The privilege does not apply if the psychotherapist believes the patient may be a danger to him-f or herself or to others.

Question 37

Which of the following is not true of the clergy-penitent privilege?

A) It was not recognized by common law.
B) It was originally intended to protect the confessional of the Catholic Church.
C) It protects only communications made during confession.
D) It is recognized by all fifty states and the federal courts.

Question 38

Which of the following privileges was rejected by the Supreme Court and is usually protected by shield laws made at the state level?

A) state secrets privilege
B) confidential informant privilege
C) news reporter and source privilege
D) clergy-penitent privilege

Question 39

When a witness is either shielded or barred from testifying, this is called

A) testimonial privilege.
B) privilege communication.
C) waiver.
D) use immunity.

Question 40

____ When a holder waives privilege it must be done intentionally.

Question 41

____ A privilege is absolute.

Question 42

____ After a privilege is waived for a purpose, it is waived for all purposes.

Question 43

____ A rationale for testimonial privilege is that the courts realize that the law cannot force certain individuals to disclose a confidence that they became privy to as a part of their vocation.

Question 44

____ The right to remain silent is contained within the Sixth Amendment.

Question 45

____ The defendant's privilege is when the accused refuses to answer questions on the stand.

Question 46

____ "Derivative immunity" refers to the state's inability to use evidence derived from immunized testimony against the witness.

Question 47

____ "Use immunity" means that anything witnesses say on the stand cannot be used against them in a criminal proceeding.

Question 48

____ For testimonial privilege to exist, someone must desire the conversation to be confidential.

Question 49

____ Testimony from a child against a parent is protected by family testimony privilege.

Question 50

____ Marital testimony privilege exists to protect marital harmony.

Question 51

____ Marital communications privilege is limited to spoken words only.

Question 52

____ The presence of a third party typically destroys the marital communications privilege.

Question 53

____ Attorney-client conversation can never be revealed.

Question 54

____ If a client confesses guilt to his attorney, the attorney must tell the judge.

Question 55

____ Doctor-patient privilege applies only when the communication was intended to be confidential.

Question 56

____ State secrets privilege is limited to written documents.

Question 57

____ Law enforcement officials must disclose the identity of their confidential informants on the stand.

Question 58

____ The shield laws apply to law enforcement personnel.

Question 59

____ Evidence of conduct or statements made in compromise negotiations are not admissible to prove liability.

Question 60

____ Dead man's acts allow the estate of a deceased person to keep a party who is contesting the distribution of the estate's assets from testifying about a transaction with the deceased.

Question 61

____ Shield law is also known as doctor's privilege.

Question 62

____ A news reporter must always reveal the identity of his or her source if the source spoke to the reporter directly, even with the expectation of wanting to remain anonymous.

Question 63

____ Editors and publishers that are connected with news media outlets are not protected under the news reporter-source privilege.

Question 64

____ Under the informant's privilege, law enforcement agencies cannot refuse to disclose the identity of an informant in a civil investigation.

Question 65

____ The state secrets privilege applies to both federal and state governments.

Question 66

____ Today, the priest-penitent privilege applies only to statements made in confession.

Question 67

____ A confession from a penitent that he or she committed the crime would still be protected under the priest-penitent privilege.

Question 68

____ In Tarasoff v. Regents of the University of California (1976), the court held that the therapist had a duty to disclose information if a patient poses a threat to another.

Question 69

____ Confessions from client to attorney is protected by the attorney-client privilege.

Question 70

____ Criminal evidence turned over to the attorney by the client is protected by the attorney-client privilege.

Question 71

____ Attorney-client privilege includes oral, written, and physical actions.

Question 72

____ The marital communications privilege protects statements between spouses made both before and during the marriage.

Question 73

____ The presence of third parties, even children, destroys the marital communications privilege.

Question 74

____ The privilege against self-incrimination is waived if the court grants the witness immunity from prosecution.

Question 75

What is the difference between testimonial privilege and privileged communication?

Question 76

What are two rationales for creating a testimonial privilege?

Question 77

What are the four conditions that must be established before a court will determine that a testimonial privilege exists?

Question 78

What is the difference between adverse testimony and beneficial testimony?

Question 79

What is the confidential informant privilege?