Deck 14: Constitutional Limitations

Question 1

A privilege is a rule of law that either allows a witness to refuse to give testimony or allows a person the right to prevent someone else from testifying on the same matter.

Answer 1

True

Question 2

The person being granted a privilege is called the holder of the privilege.

Answer 2

True

Question 3

The Religious privilege only covers Catholic priests taking confessions.

Answer 3

False

Question 4

Under the Identity of Informant Privilege, the informant is not the one given the privilege or the right to claim it.

Question 5

In some states, the Husband-Wife Privilege covers both the confidential communications privilege and the testimonial, or right not to testify, privilege.

Question 6

Most states have not codified the common law privileges, or added any new ones.

Question 7

The Federal Rules of Evidence provide that privileges in the federal courts are to be governed by common law principles as interpreted "in the light of reason and experience."

Question 8

Privileges cannot waived.

Question 9

Under our system of justice, there is no privilege for a criminal defendant not to testify at trial.

Question 10

In federal courts, there is no testimonial privilege if a spouse voluntarily takes the stand to become a witness and testify against the other spouse.

Question 11

All of the following are general rights provided in privileged communications, except:

A) exemption from testifying
B) exemption as to the privileged matter, even though testifying about all else
C) right of holder to invoke privilege at any time, in any proceeding.
D) right of holder to prevent another in communication from testifying

Question 12

All of the following are recognized privileged communications under evidence law, except:

A) Parent-child
B) Husband-wife
C) Physician-patient
D) Clergy-Penitent

Question 13

A rule of evidence law which allows a witness to refuse to give testimony or to prevent someone else from testifying on the same matter is called:

A) Exclusionary Rule
B) Privilege
C) Thayer Rule
D) Testimonial Preventive Rule

Question 14

Which federal rule of evidence pertains to privileges?

A) 401
B) 501
C) 601
D) 701

Question 15

Ima Badd goes to an attorney to seek advice about what legal defense would be best for a crime that Ima is planning to commit.

A) The attorney is bound by the attorney-client privilege.
B) The attorney is not bound by the attorney-client privilege.
C) The attorney can choose whether or not she wants to be bound by the privilege.
D) The attorney is bound by the privilege only if Ima hires her.

Question 16

Which of the following was not among the original privilege rules proposed by the United States Supreme Court in 1972?

A) Psychotherapist-Patient Privilege
B) Political Vote Privilege
C) Trade Secrets Privilege
D) Communications to Clergy Privilege
E) Journalist Privilege

Question 17

The privilege against self-incrimination is found in which of the following Constitutional Amendments?

A) 1^st Amendment
B) 4^th Amendment
C) 5^th Amendment
D) 6^th Amendment

Question 18

This privilege generally provides that a spouse may not be called as a witness or be compelled to testify against the spouse in any criminal proceeding.

A) Testimonial privilege
B) Confidential Communications privilege
C) Marital Relations privilege
D) Witness privilege

Question 19

Materials prepared by attorneys in anticipation of trial or litigation and generally held to be protected under attorney-client privilege are called

A) In Camera
B) Work Products
C) Privileged Documents
D) Learned Treatise

Question 20

Which important U.S. Supreme Court case recognized the psychotherapist-patient privilege?

A) Trammel v. United States
B) United States v. Acker
C) Jaffee v. Redmond
D) United States v. Schoenheinz