Question 1

In camera is a

Accepted Answer

"In camera" refers to a legal proceeding or part of a proceeding that happens in private, often in the judge's chambers, away from the public and the jury. This can be for various reasons, including the protection of sensitive information.

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

Accepted Answer

Privilege is the correct term for a right held by a person within a confidential relationship that the law protects, even above the pursuit of truth. This legal concept allows individuals to withhold certain information or refuse to testify about communications made within the scope of a protected relationship, such as attorney-client or doctor-patient relationships.

Question 3

Testimonial privilege was created to

Accepted Answer

Testimonial privilege is designed to safeguard the privacy and confidentiality of communications within specific relationships, such as attorney-client or doctor-patient, to ensure open and honest communication without fear of those communications being disclosed in court.

Question 4

Testimonial privileges are positive because they

Accepted Answer

Testimonial privileges are designed to protect the confidentiality of certain communications, thereby encouraging open and honest communication in relationships where trust and confidentiality are paramount, such as between attorney and client, doctor and patient, or spouses.

Question 5

The right to remain silent is covered in the

Accepted Answer

The Fifth Amendment to the United States Constitution includes the right to remain silent to avoid self-incrimination during legal proceedings.

Question 6

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

Accepted Answer

Derivative use immunity ensures that the state cannot use any evidence derived from the immunized testimony against the witness, protecting them from indirect consequences of their testimony.

Question 7

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

Accepted Answer

Transactional immunity protects a witness from prosecution for the offenses they testify about, essentially granting them immunity for the activities discussed during their testimony.

Question 8

Before a court will determine that a testimonial privilege exists,

Accepted Answer

A testimonial privilege is recognized when the relationship is one that society believes should be promoted and protected, such as attorney-client or doctor-patient relationships.

Question 9

Marital testimony privilege covers

Accepted Answer

Marital testimony privilege is designed to protect against adverse testimony, allowing a spouse to refuse to testify against their partner in certain legal situations. This privilege does not typically apply to beneficial, expert, or lay testimony in the same way.

Question 10

Disclosure of confidential communications between spouses is protected by

Accepted Answer

Marital communications privilege protects the confidentiality of communications between spouses, allowing one spouse to refuse to disclose, and to prevent another from disclosing, confidential communications made during the marriage.

Question 11

Marital communications privilege applies to confidential communications made

Accepted Answer

Marital communications privilege applies only to confidential communications made during the marriage. It does not extend to communications before the marriage or after a divorce.

Question 12

Doctor-patient privilege applies to

Accepted Answer

Doctor-patient privilege specifically applies to communications made for the purpose of, and relevant to, obtaining treatment of a disease. This ensures confidentiality of information shared by a patient with their doctor in the context of seeking medical care.

Question 13

An exception to doctor-patient privilege is

Accepted Answer

Treatment of any wounds by a deadly weapon is an exception to doctor-patient privilege. This is because the doctor is required by law to report any such wounds to the authorities.

Question 14

State secrets privilege

Accepted Answer

The state secrets privilege is a legal principle that allows the government to withhold information from legal proceedings if disclosing the information would harm national security. It is still in existence today and is used in various cases to protect sensitive information.

Question 15

The Freedom of Information Act grants the public access to

Accepted Answer

The Freedom of Information Act (FOIA) is designed to give the public access to most government documents, with certain exceptions for classified information and other specific types of data. It does not grant access to all news articles, court documents, or medical records, which are governed by different rules and regulations.

Question 16

A shield law is analogous to

Accepted Answer

Shield laws are designed to protect journalists from being compelled to reveal their sources or unpublished material during a legal proceeding, which is why it is analogous to journalist's privilege.

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?

Accepted Answer

The correct term is "dead man's act," which is a statute designed to prevent interested parties from testifying about their interactions with the deceased to avoid fraudulent claims against the estate.

Question 18

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

Accepted Answer

The right not to answer any questions or testify at trial is known as the defendant's privilege, which is part of the Fifth Amendment protections against self-incrimination. This allows a defendant to choose not to testify in their own defense without this decision being held against them in court.

Question 19

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

Accepted Answer

Privileged communications refer to certain types of communication that are protected by law from being disclosed in court without the consent of the party that the privilege belongs to. Examples include attorney-client privilege, doctor-patient confidentiality, and spousal privilege.

Question 20

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

Accepted Answer

The holder of the privilege, in legal contexts, refers to the person who has the legal right to withhold certain information from being disclosed, such as in attorney-client privilege or doctor-patient confidentiality.

Quiz 10: Testimonial Privileges