Deck 11: Privileged Communications

Question 1

According to legal scholar John Wigmore, privileged communications should only be extended in which of the following relationships?

A) The communication must be entered into with an expectation of confidentiality.
B) The element of confidentiality must be essential to the maintenance of the relationship.
C) The injury to the relationship by such disclosure would be greater than the benefit gained for the correct disposal of litigation.
D) All of the above

Answer 1

All of the above

Question 2

Framers of the U.S. Constitution adopted much of the legal rationale for privileged communications from:

A) Canon Law
B) English common law
C) Code of Hammurabi
D) None of the above

Answer 2

English common law

Question 3

Statutorily, the notion of testimonial privileges in American courts emerged at the same time as:

A) Hearsay rules
B) Compulsory testimony
C) Voluntary testimony
D) None of the above

Answer 3

Compulsory testimony

Question 4

When the Federal Rules of Evidence were originally drafted, how many distinct testimonial privileges which had been recognized by the Supreme Court were proposed.

A) Five
B) Six
C) Nine
D) Eleven

Question 5

Which of the following independent factors do the federal courts recognize to determine new evidentiary privileges?

A) Whether federal policy supports the privilege
B) Whether states recognize the privilege
C) Whether legal scholars have championed the adoption of the privilege
D) All of the above

Question 6

The common-law principles underlying the recognition of testimonial privileges can be traced back as far as:

A) Two centuries
B) Three centuries
C) Four centuries
D) Five centuries

Question 7

The oldest recognized privilege under common law was that which existed between:

A) Husband and wife
B) Physician and patient
C) Attorney and client
D) Priest and penitent

Question 8

The attorney-client privilege may be traced back to early:

A) England
B) Greece
C) Rome
D) France

Question 9

The presence of which of the following, during a communication between an attorney and client eliminates the attorney-client privilege?

A) Law clerks
B) Administrative assistants
C) Investigators
D) None of the above

Question 10

Historically, the recognition of the legal sanctity of the marital union of husband and wife has deep roots in:

A) Roman law
B) French jurisprudence
C) Canon law
D) Anglo-Saxon jurisprudence

Question 11

Initially, there was how many types of privileges extended to the marital relationship?

A) Two
B) Three
C) Four
D) Five

Question 12

In which of the following situations would physicians to divulge information?

A) Child abuse
B) Blood and urine tests requested in DUI cases
C) Venereal disease
D) All of the above

Question 13

In what case did the Court recognize the concept of psychoanalysis, which requires complete disclosure for effective treatment?

A) Hickman v. Taylor
B) Jafee v. Redmond
C) Hawkins v. United States
D) Branzburg v. Hayes

Question 14

Which of the following is not an exception to the Psychologist-Patient privilege?

A) If there is an immediate threat that the patient will harm himself or others
B) If state or federal law requires disclosure
C) For communications relevant to an issue of the treatment of the patient in any proceedings in which the treatment is an element of a claim or defense.
D) All of the above

Question 15

The priest-penitent privilege and the clergy-communicant privilege was recognized as early as:

A) Second century
B) Fifth century
C) Sixth century
D) None of the above

Question 16

The Clergy-Communicant privilege attaches to that information contained in:

A) Confessional
B) Marriage counseling
C) Religious education
D) Spiritual conferences

Question 17

Which Court case established limited protections afforded to journalists known as "Shield Laws"?

A) Branzburg v. Hayes
B) United States v. Nixon
C) Hawkins v. United States
D) Jafee v. Redmond

Question 18

In which of the following situations does the police-informant privilege not apply?

A) Does not apply once the identity of the informant is revealed
B) Does not attach in those situations, which are not designed to be confidential
C) Does not apply to individuals that do not give information to the government
D) All of the above

Question 19

What characteristics might be considered in the evaluation of a reasonable expectation of confidentiality?

A) Character of the crime
B) Interpersonal relationships between the informant and target
C) Interpersonal relationships to law enforcement
D) All of the above

Question 20

The United States Congress has enacted several pieces of legislation which have codified government privileges which address the protection of military, diplomatic, or national security secrets. These acts include all but one of the following:

A) Classified Information Procedures Act
B) Foreign Intelligence Surveillance Act
C) Dissemination of Classified Material and Control Act
D) United States Patriot Act of 2001

Question 21

Traditionally, societies were reluctant to recognize the sanctity of certain relationships and refused to provide a privilege against testifying to the contents of communications occurring within such affairs.

Question 22

The Supreme Court initially refused to recognize the rights of states to create categories of communication.

Question 23

The law of privileges that has evolved is both varied and inconsistent.

Question 24

Areas of communication considered sacrosanct in federal court are also considered violable in all state courts.

Question 25

Federal courts recognize new evidentiary privileges or expand the scope of existing ones affecting privilege communication after analysis of four independent factors.

Question 26

Evidentiary privileges are applicable to sworn testimony but do not apply to physical evidence, such as documentary evidence.

Question 27

The oldest recognized privilege under common law was that which existed between a priest and a penitent.

Question 28

The attorney-client privilege may be traced back to the Roman Empire.

Question 29

In both federal and state systems, statutory guidelines exist for the invocation of the attorney-client privilege.

Question 30

The presence of law clerks, administrative assistants, and/or investigators during a communication between an attorney and client eliminates the attorney-client privilege.

Question 31

Historically, the recognition of the legal sanctity of the marital union of husband and wife has deep roots in Roman jurisprudence.

Question 32

Initially, there were only two types of privileges extended to the marital relationship.

Question 33

The marital communications privilege applies only when such a legal relationship is still in place.

Question 34

This "dangerous patient" exception stems from the legal notion that psychotherapists have a "duty to protect" both the community and the patients they serve.

Question 35

Few states have formally codified a police-informant privilege.

Question 36

___________ governments were the first to recognize that those relationships grounded in socially-valued intimacies in which secrets are exchanged must be protected against governmental invasion.

Question 37

When the Federal Rules of Evidence were originally drafted, __________ distinct testimonial privileges, which had been recognized by the Supreme Court, were proposed.

Question 38

Federal courts recognized new evidentiary privileges or expand the scope of existing one affecting privileged communication after analysis of __________ independent factors.

Question 39

The oldest recognized privilege under ________ law was that which existed between and attorney and a client.

Question 40

The attorney-client privilege may be traced back to early ____________.

Question 41

In most states, the attorney-client privilege continues after the __________ of the client.

Question 42

Historically, the recognition of the legal sanctity of the marital union of husband and wife has deep roots in ____________ jurisprudence.

Question 43

The ____________ testimonial privilege applies only when such a legal relationship is still in place.

Question 44

The granting of the Clergy-Communicant/Priest-Penitent privilege was primarily in response to the traditional Seal of ______________.

Question 45

Since the Branzburg v. Hayes case, thirty-one states and the District of Columbia have recognized limited protections afforded to journalists known as "__________ laws".

Question 46

Match up the privilege to the corresponding case .

-Attorney-client privilege

A) U.S. v. Martinez
B) Totten v. United States
C) Trammel v. United States
D) Jaffee v. Redmond
E) Wolfe v. United States
F) United States v. Glass
G) Roviaro v. United States
H) United States v. Reynolds
I) Branzburg v. Hayes
J) Hickman v. Taylor

Question 47

Match up the privilege to the corresponding case .

-Clergy-communicant privilege

A) U.S. v. Martinez
B) Totten v. United States
C) Trammel v. United States
D) Jaffee v. Redmond
E) Wolfe v. United States
F) United States v. Glass
G) Roviaro v. United States
H) United States v. Reynolds
I) Branzburg v. Hayes
J) Hickman v. Taylor

Question 48

Match up the privilege to the corresponding case .

-Dangerous patient exception

A) U.S. v. Martinez
B) Totten v. United States
C) Trammel v. United States
D) Jaffee v. Redmond
E) Wolfe v. United States
F) United States v. Glass
G) Roviaro v. United States
H) United States v. Reynolds
I) Branzburg v. Hayes
J) Hickman v. Taylor

Question 49

Match up the privilege to the corresponding case .

-Marital communications privilege

A) U.S. v. Martinez
B) Totten v. United States
C) Trammel v. United States
D) Jaffee v. Redmond
E) Wolfe v. United States
F) United States v. Glass
G) Roviaro v. United States
H) United States v. Reynolds
I) Branzburg v. Hayes
J) Hickman v. Taylor

Question 50

Match up the privilege to the corresponding case .

-Military privilege

A) U.S. v. Martinez
B) Totten v. United States
C) Trammel v. United States
D) Jaffee v. Redmond
E) Wolfe v. United States
F) United States v. Glass
G) Roviaro v. United States
H) United States v. Reynolds
I) Branzburg v. Hayes
J) Hickman v. Taylor

Question 51

Match up the privilege to the corresponding case .

-Police-informant privilege

A) U.S. v. Martinez
B) Totten v. United States
C) Trammel v. United States
D) Jaffee v. Redmond
E) Wolfe v. United States
F) United States v. Glass
G) Roviaro v. United States
H) United States v. Reynolds
I) Branzburg v. Hayes
J) Hickman v. Taylor

Question 52

Match up the privilege to the corresponding case .

-Psychotherapist-patient privilege

A) U.S. v. Martinez
B) Totten v. United States
C) Trammel v. United States
D) Jaffee v. Redmond
E) Wolfe v. United States
F) United States v. Glass
G) Roviaro v. United States
H) United States v. Reynolds
I) Branzburg v. Hayes
J) Hickman v. Taylor

Question 53

Match up the privilege to the corresponding case .

-Media-source privilege

A) U.S. v. Martinez
B) Totten v. United States
C) Trammel v. United States
D) Jaffee v. Redmond
E) Wolfe v. United States
F) United States v. Glass
G) Roviaro v. United States
H) United States v. Reynolds
I) Branzburg v. Hayes
J) Hickman v. Taylor

Question 54

Match up the privilege to the corresponding case .

-Work-product doctrine

A) U.S. v. Martinez
B) Totten v. United States
C) Trammel v. United States
D) Jaffee v. Redmond
E) Wolfe v. United States
F) United States v. Glass
G) Roviaro v. United States
H) United States v. Reynolds
I) Branzburg v. Hayes
J) Hickman v. Taylor

Question 55

Match up the privilege to the corresponding case .

-Spousal testimonial doctrine

A) U.S. v. Martinez
B) Totten v. United States
C) Trammel v. United States
D) Jaffee v. Redmond
E) Wolfe v. United States
F) United States v. Glass
G) Roviaro v. United States
H) United States v. Reynolds
I) Branzburg v. Hayes
J) Hickman v. Taylor

Question 56

Explain how privileged relationships came about in the American court system.

Question 57

What are the parameters and limitations of the attorney-client privilege?

Question 58

Discuss the "dangerous patient" exception. Pick either the Jaffee, Glass, or Menendez case and argue for or against the use of the "dangerous patient" exception in that circumstance.

Question 59

Media source privileges have not found the same level support as some of the other privileges addressed in this chapter. Debate whether you think there should be a media source privilege or if there should not be a media source privilege. Be sure to include under what circumstances should it exist, or what rationales should it be eradicated. Use two outside sources to support your claim.

Question 60

Visit the Cornell Law website or another reputable website and gather more information on the Classified Information Procedures Act (CIPA). Summarize this act with greater detail than what is addressed in the textbook. Conclude with opinions on the value of this Act.