Question 1

Which of the following statements is true about testimonial privilege?

Accepted Answer

Testimonial privilege allows the holder to waive the privilege, refuse to testify, and prevent the other party to the privilege from testifying, making all the statements true.

Question 2

One criticism of testimonial privilege is:

Accepted Answer

Testimonial privilege can inhibit the truth by preventing certain evidence from being presented in court, potentially obstructing the discovery of facts.

Question 3

The source of privileges in today's courts includes:

Accepted Answer

Privileges in today's courts can originate from the Federal Rules of Evidence, common law, and legislative enactments, making all the options correct.

Question 4

Which statement best reflects the position of the Federal Rules of Evidence on privilege?

Accepted Answer

Federal Rule of Evidence 501 is indeed the rule that addresses testimonial privilege, allowing the courts to continue the development of privilege law under the principles of common law, adjusted as necessary for reason and experience.

Question 5

The recognized privileges generally have certain common requirements. Which of the following represents a common requirement?

Accepted Answer

A and B are correct because both confidentiality and the ability to waive the privilege are common requirements for recognized privileges. C is incorrect because many privileges, such as attorney-client privilege, can survive the death of the privilege holder.

Question 6

The oldest privilege protecting the confidentiality of communication is:

Accepted Answer

The attorney-client privilege is recognized as the oldest privilege protecting the confidentiality of communication, dating back to the reign of Elizabeth I in England.

Question 7

Which of the following statement is true about the attorney-client privilege?

Accepted Answer

The attorney-client privilege is a legal concept that protects communications between a client and their attorney from being disclosed without the client's consent. This privilege applies regardless of whether the matter is criminal or civil, and it remains in effect even if the client confesses to a crime. The privilege is not automatically waived if the attorney is court-appointed, meaning it applies to all attorney-client relationships in the context of legal advice.

Question 8

In Upjohn Co. v. United States, the U.S. Supreme Court noted that reasons for recognizing the attorney-client privilege include:

Accepted Answer

The U.S. Supreme Court recognized the attorney-client privilege for several reasons, including encouraging clients to share information with their attorneys for effective defense or representation, guaranteeing confidentiality to ensure clients share all relevant information, and protecting the special obligation of loyalty between an attorney and client.

Question 9

Which of the following is a correct statement about the attorney-client privilege?

Accepted Answer

The attorney-client privilege belongs to the client, not the attorney. Therefore, the attorney cannot invoke the privilege if the client has waived it.

Question 10

If a client plans to take the witness stand at his or her trial and deny committing the crime he or she is charged with despite having confessed to his or her attorney that he or she has committed the crime, which of the following actions can his or her attorney take?

Accepted Answer

The attorney has an ethical obligation to maintain client confidentiality while also upholding the law. They should attempt to persuade the client to either testify truthfully or consider withdrawing from the case to avoid committing perjury. Revealing confidential information to the court or directly accusing the client of perjury would breach client-attorney privilege, and refusing to question the client or turning them over to the prosecution would not be appropriate actions.

Question 11

Tom has retained Mary as his legal counsel. During a meeting with Mary, Tom reveals to Mary that he operates a clandestine drug operation and asks Mary to help him devise a way to launder the profits from his drug operations to his offshore bank account in a way to evade U.S. law. What are Mary's legal obligations to Tom?

Accepted Answer

The attorney-client privilege does not exist when a client seeks an attorney's assistance to commit a crime.

Question 12

An attorney is permitted to use confidential statements that were made by his or her client during the attorney-client relationship in all the following situations, except:

Accepted Answer

The attorney-client privilege is designed to protect the confidentiality of communications between a client and their attorney. While there are exceptions that allow an attorney to breach this confidentiality, such as defending themselves against accusations of malpractice or suing a client for unpaid fees, there is no provision that allows an attorney to use confidential statements to convince a judge to sever the attorney-client privilege simply because the client intends to commit perjury. The correct approach in such a situation involves other ethical considerations and actions, but not the disclosure of confidential communications to the court.

Question 13

Which of the following is an exception to the confidential nature of attorney-client privilege?

Accepted Answer

The crime-fraud exception is an established exception to the attorney-client privilege. It stipulates that if a client seeks advice from an attorney to assist with the commission of a crime or fraud, the communication is not protected by attorney-client privilege.

Question 14

Topics or areas of discussion not covered by the attorney-client privilege include all of the following, except:

Accepted Answer

The attorney-client privilege specifically protects the confidentiality of communications between a client and their attorney regarding legal advice. This includes discussions about the client's past criminal history as it pertains to seeking legal advice, making it an exception to the topics not covered by the privilege.

Question 15

Gary is represented by Ted and Alice in his criminal case. At trial, Gary, against the advice of Ted and Alice, insists on calling Alice to the stand as a witness. Over strenuous objections, Alice complies with Gary's demands and takes the stand at Gary's trial. How does Gary's demand impact the attorney-client privilege?

Accepted Answer

By calling Alice to the stand, Gary has waived his right to the attorney-client privilege, as he is voluntarily disclosing confidential communications by having his attorney testify.

Question 16

In_______________, the Court held that the purpose of the clergy-penitent privilege is to allow individuals to confess and to find forgiveness for their sins and salvation without fear that their statements will be used against the in a criminal trial.

Accepted Answer

In Trammel v. United States, the Supreme Court discussed the importance of the clergy-penitent privilege, emphasizing its role in ensuring individuals can seek spiritual guidance and confess sins without the fear of legal repercussions.

Question 17

Which of the following statements are true about the clergy-penitent privilege?

Accepted Answer

The clergy-penitent privilege is designed to protect the confidentiality of communications between a member of the clergy and a penitent. The penitent holds the privilege, meaning they have the right to waive it. However, clergy can assert the privilege on behalf of the penitent if necessary, and there are circumstances under which clergy can refuse to testify even if the penitent has waived the privilege, depending on the laws of the jurisdiction.

Question 18

The scope of the clergy-penitent privilege includes:

Accepted Answer

The answer of The scope of the clergy-penitent privilege includes:
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Question 19

The clergy-penitent privilege is waived by which of the following situations?

Accepted Answer

The clergy-penitent privilege is waived when the communicant discloses the contents of the communication to third parties (as in B) or when the context of the communication is not within the scope of spiritual counseling or confession (as in A). Confessing to a crime during spiritual counseling (C) does not waive this privilege.

Question 20

Which of the following statements is true about the physician-patient privilege?

Accepted Answer

The answer of Which of the following statements is true...

Quiz 10: Privileges