Deck 6: Judicial Notice, Privileges of Witnesses, and Shield Laws

Question 1

Judicial notice is permitted

A)in all jurisdictions except the federal courts.
B)in the federal courts but not state courts.
C)in a majority of jurisdictions.
D)in all jurisdictions.

Answer 1

D

Question 2

The Fifth Amendment privilege against self-incrimination is the _____ privilege that has been incorporated into the U.S.Constitution and many state constitutions.

A)state
B)qualified
C)primary
D)only

Answer 2

D

Question 3

The oldest application of judicial notice is for

A)matters generally known within the community or state.
B)scientific principles.
C)the identity of defendants.
D)published official records.

Answer 3

A

Question 4

Many states have a ________ privilege, meaning a journalist can refuse to disclose sources, but must make available other information acquired through reporting activities.

A)administrative
B)qualified
C)subjective
D)absolute

Question 5

Courts have long held that judicial notice may be taken of _______theories that have been so established that they have "attained the status of scientific law",

A)scientific
B)conceptual
C)proven
D)absolute

Question 6

It has been held that courts should not take _______________of facts that are an element of the crime charged or serve as the basis for increased prison sentences.

A)judicial notice
B)presumption
C)bias opinion
D)omission

Question 7

The oldest confidential communication privilege known to the common law was the ____________ privilege.

A)attorney-client
B)priest-penitent
C)doctor-patient
D)reporter-source

Question 8

Federal statutes give federal employees a privilege not to reveal

A)their employment.
B)communications from foreign governments.
C)communications between embassy employees.
D)military or diplomatic secrets vital to national security.

Question 9

The husband-wife (marital) privilege

A)was not recognized at common law.
B)is not recognized in federal courts.
C)is recognized in about half the states.
D)is recognized in all jurisdictions.

Question 10

About _________ of the states have statutes defining the clergy-penitent privilege, with a few other states recognizing the privilege by court decisions.

A)one-third
B)fifty percent
C)two-thirds
D)one-half

Question 11

In jurisdictions with a psychotherapist-patient privilege, there is usually an exception for

A)patients who are insane.
B)patients who do not really need treatment.
C)dangerous patients.
D)patients who are psychotic.

Question 12

The attorney-client privilege does not apply when the client informs the attorney of

A)past crimes.
B)planned crimes.
C)incriminating information.
D)the source of the money for the attorney's fee.

Question 13

The physician-patient privilege

A)did not exist at common law.
B)entered the common law in the 1700s.
C)is designed to protect the physician.
D)is recognized only if the physician collects a fee.

Question 14

The primary purpose of judicial notice is to

A)protect the rights of defendants.
B)assure a fair trial for both parties.
C)give the judge more control over the proceedings.
D)save time and effort.

Question 15

Which of the following is an exception to the marital privilege?

A)when one spouse has committed a crime against another
B)when one of the spouses has been unfaithful to the other
C)when one of the spouses has committed a crime
D)when one spouse has been married before

Question 16

The privilege against self-incrimination is found in the __________ Amendment.

A)Fourth
B)Fifth
C)Sixth
D)Eighth

Question 17

Prosecutors generally have a privilege not to reveal the

A)exculpatory evidence in their possession.
B)agency by which they are employed.
C)identity of confidential informants.
D)fact that they were working undercover.

Question 18

An informant's privilege is not an ______ privilege and must give way when there is a compelling need to protect the rights of the accused.

A)administrative
B)judicial
C)prosecutorial
D)absolute

Question 19

A person can assert the privilege against self-incrimination

A)only at criminal proceedings.
B)only in civil proceedings.
C)only at the grand jury.
D)at any judicial proceeding.

Question 20

People can assert the privilege against self-incrimination only for ___________ evidence.

A)physical or scientific evidence
B)testimonial or communicative
C)bodily
D)exculpatory

Question 21

The president of the U.S.has no privilege with regard to confidential communications with top advisors.

Question 22

The federal government has a privilege not to disclose military or diplomatic secrets vital to national security.

Question 23

The attorney-client privilege was not recognized at common law.

Question 24

The physician-patient privilege applies only when the physician is being paid.

Question 25

The privilege against self-incrimination applies to handwriting and speech exemplars.

Question 26

The privilege against self-incrimination can be asserted only in criminal proceedings.

Question 27

Every jurisdiction recognizes a parent-child privilege.

Question 28

The U.S.Supreme Court has recognized a reporter-source privilege.

Question 29

There are no exceptions to the psychotherapist-patient privilege.

Question 30

The attorney-client privilege does not apply to communications made for the purpose of getting advice to commit a crime or fraud.

Question 31

If a person asserts their Miranda privilege to remain silent during police questioning, that silence can be used as evidence of guilt.

Question 32

If a law clerk or secretary of the attorney is present during the attorney-client meeting, the privilege is waived.

Question 33

All states and the federal government have some form of the marital privilege.

Question 34

The privilege against self-incrimination is found in the Fifth Amendment.

Question 35

A judge can take judicial notice of facts that are known solely to the judge.

Question 36

The sexual assault counselor's privilege is designed to protect those charged with sexual assault.

Question 37

The police-informant privilege involves a privilege not to reveal the identity of confidential police informants.

Question 38

The purpose of judicial notice is to protect the privilege against self-incrimination.

Question 39

The physician-patient privilege did not exist at common law.

Question 40

The husband-wife privilege does not apply when one spouse has committed a crime against the other spouse.

Question 41

The ___________ has a privilege for confidential communications with top advisors.

Question 42

The U.S.Supreme Court has not rejected arguments that the _____________
Amendment created a reporter-source privilege.

Question 43

Many states recognize a clergy-____________ privilege.

Question 44

Prosecutors have a privilege not to reveal the identity of confidential __________.

Question 45

The term "exemplar" means a ______________.

Question 46

The Fifth Amendment privilege applies to prosecution or the possibility of prosecution of any ______________ case.

Question 47

State v.Gagnon established that information used in court must have the characteristic of ______________ knowledge.

Question 48

Discuss fully the scope of the privilege against self-incrimination.Be sure to provide examples.

Question 49

Describe the 1970 California Supreme Court decision that defines "general knowledge" in reference to judicial notice.

Question 50

?What are the requirements of the physician-patient privilege? What are some of the exceptions created in some jurisdictions?

Question 51

The privilege against self-incrimination applies only to testimonial or _____________ evidence.

Question 52

The _________ against self-incrimination is seen as crucial to our adversarial and accusatorial system of justice.

Question 53

There is an exception to the psychotherapist-patient privilege for ____________ patients.

Question 54

The husband-wife privilege is also known as the _____________ privilege.

Question 55

The privilege against self-______________ is found in the Fifth Amendment.

Question 56

Should there be a universal acceptance of a parent-child privilege? Why or why not?

Question 57

The ________-client privilege was the first privilege recognized at common law.

Question 58

What is the police-informant privilege? What is its rationale, and what are some exceptions to this privilege?

Question 59

Should government information be "leaked" to the press? Why or why not? Do you agree that most of the business of government involves issues of security, making outside inspection a high risk? Defend your answer.

Question 60

Judicial _____________ is an exception to the traditional methods of presenting evidence.

Question 61

Why is the attorney-client privilege essential to the proper functioning of our judicial process?

Question 62

List the common examples of the use of judicial notice to prove matters of general knowledge: