Question 1

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.

Accepted Answer

Historically, many societies were hesitant to acknowledge the sanctity of certain relationships, such as those between spouses, and thus did not offer a privilege against testifying about private communications within those relationships. Over time, legal systems evolved to recognize such privileges in order to protect the confidentiality and trust inherent in these relationships.

Question 2

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

Accepted Answer

The Supreme Court has recognized that states have some rights to regulate communication within their jurisdictions, but these rights are subject to the limitations imposed by the First Amendment to the U.S. Constitution, which protects freedom of speech.

Question 3

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

Accepted Answer

The law of privileges, which includes various legal protections and immunities in different contexts such as attorney-client privilege, doctor-patient confidentiality, and executive privilege, has evolved in a complex and sometimes inconsistent manner across different jurisdictions and legal systems.

Question 4

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

Accepted Answer

Areas of communication considered sacrosanct (privileged) in federal court, such as attorney-client privilege, are generally also respected in state courts, though the specifics can vary by jurisdiction.

Question 5

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

Accepted Answer

Federal courts do recognize new evidentiary privileges or expand the scope of existing ones based on the analysis of four independent factors: (1) the communications must originate in a confidence that they will not be disclosed, (2) this element of confidentiality must be essential to the full and satisfactory maintenance of the relation between the parties, (3) the relation must be one which in the opinion of the community ought to be sedulously fostered, and (4) the injury that would inure to the relation by the disclosure of the communications must be greater than the benefit thereby gained for the correct disposal of litigation. These factors come from the Supreme Court's decision in Jaffee v. Redmond, 518 U.S. 1 (1996), and are used to assess whether a new privilege should be recognized or an existing one should be expanded.

Question 6

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

Accepted Answer

Evidentiary privileges, such as attorney-client privilege or doctor-patient confidentiality, can apply to both sworn testimony and physical evidence, including documents, if they pertain to the privileged communication.

Question 7

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

Accepted Answer

The answer of The oldest recognized privilege under common law...

Question 8

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

Accepted Answer

The answer of The attorney-client privilege may be traced back...

Question 9

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

Accepted Answer

Both federal and state legal systems in the United States recognize and provide statutory guidelines for the invocation of the attorney-client privilege, which protects the confidentiality of communications between attorneys and their clients.

Question 10

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

Accepted Answer

The presence of law clerks, administrative assistants, and/or investigators does not necessarily eliminate the attorney-client privilege if they are considered necessary or at least highly useful for the facilitation of the communication between attorney and client.

Question 11

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

Accepted Answer

The answer of Historically, the recognition of the legal sanctity...

Question 12

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

Accepted Answer

Initially, there were only two types of privileges extended to the marital relationship, namely, the right to sexual intercourse and the right to cohabitation.

Question 13

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

Accepted Answer

The answer of The marital communications privilege applies only when...

Question 14

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

Accepted Answer

The "dangerous patient" exception is based on the legal principle that psychotherapists have a duty to protect the community and their patients, which may involve breaking confidentiality if a patient poses a serious threat of violence to themselves or others. This was established in cases like Tarasoff v. Regents of the University of California.

Question 15

Few states have formally codified a police-informant privilege.

Accepted Answer

Most states have not formally codified a specific police-informant privilege, but courts often recognize a privilege to withhold the identity of informants to protect their safety and the effectiveness of law enforcement investigations.

Question 16

___________ 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.

Accepted Answer

The answer of ___________ governments were the first to recognize...

Question 17

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

Accepted Answer

The answer of When the Federal Rules of Evidence were...

Question 18

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

Accepted Answer

The answer of Federal courts recognized new evidentiary privileges or...

Question 19

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

Accepted Answer

The answer of The oldest recognized privilege under ________ law...

Question 20

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

Accepted Answer