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70 cards

1What is a privilege?
2What is the difference between a qualified privilege and an absolute privilege?
3Are privileges codified in the Federal Rules of Evidence (FRE)?
4What privileges do federal courts recognize under federal common law?
5What are the two marital privileges?
6May a person claiming the spousal immunity privilege be required to testify against his or her spouse in a criminal case?
7In what circumstances does the spousal immunity privilege apply?
8May the spousal immunity privilege be waived?
9Does the spousal immunity privilege apply if the spouses were co-conspirators in a crime?
10The defendant was charged in federal court with mailing a threatening communication to his estranged wife. The defendant allegedly mailed his wife ...
11What is the marital communications privilege?
12Does the marital communications privilege apply both in civil cases in which federal law provides the rule of decision and in federal criminal cases?
13Does the marital communications privilege continue to apply even after the marriage is dissolved?
14May either spouse invoke the marital communications privilege?
15What communications are protected by the attorney-client evidentiary privilege?
16For purposes of the attorney-client privilege, who qualifies as an attorney?
17For purposes of the attorney-client privilege, may a client be either an individual or an organization?
18Does the client hold the attorney-client privilege?
19Does the attorney-client privilege attach as soon as the client or potential client contacts an attorney about legal representation?
20Does attorney-client privilege shield the identity of the client?
21Does the attorney-client privilege extend to the attorney’s non-attorney necessary agents?
22Does the attorney-client privilege apply only to communications that the client reasonably believes are confidential?
23If an attorney represents two or more people jointly, and a lawsuit subsequently arises between those parties, may one person assert the attorney-c...
24Does the attorney-client privilege extend to communications between a corporation’s attorneys and employees of the corporation?
25May the attorney-client privilege be waived by the holder of the privilege?
26Does a client’s assertion of the advice-of-counsel defense waive the attorney-client privilege?
27Are there any exceptions to the attorney-client privilege that allow an attorney to disclose confidential client communications?
28If a voluntary disclosure of otherwise-privileged materials is made in a federal proceeding or to a federal office or agency, thereby waiving the a...
29Does an inadvertent disclosure of privileged information to a third party always constitute a waiver of the attorney-client privilege?
30In preparation for litigation, a company’s paralegals reviewed documents and were instructed by the company’s attorneys to remove any privileged ma...
31What is the work product doctrine?
32Do federal courts recognize a physician-patient privilege?
33Do federal courts recognize a psychotherapist-patient privilege?
34Do some federal courts recognize an exception to the psychotherapist-patient privilege if disclosure of a confidential communication is necessary t...
35A patient brought a medical malpractice claim in federal court against a medical clinic after several of the clinic’s doctors failed to diagnose hi...
36Do federal courts recognize a parent-child privilege?
37What types of communications are protected by the federal common-law clergy-penitent privilege?
38A defendant was a member of a church. The prosecutor in a federal grand jury subpoenaed the defendant’s pastor to testify about the defendant’s use...
39In addition to the attorney-client privilege, which may apply to counsel for the government, are there other specific privileges that may apply onl...
40What is the state-secrets privilege?
41What is the deliberative-process privilege?
42What is the presidential-communications privilege?
43What is the law-enforcement privilege?
44In addition to privileges, do the FRE allow for the exclusion of any other types of evidence for policy reasons?
45Can a party offer evidence of insurance?
46For what purposes is evidence of liability insurance coverage inadmissible?
47For what purposes may a party offer evidence of liability insurance?
48The plaintiff was working as a flagman on a highway construction project when he was hit by a truck and badly injured. Despite extensive surgery, h...
49What are subsequent remedial measures?
50Is evidence of subsequent remedial measures admissible to prove negligence?
51For what purposes may a party offer evidence of subsequent remedial measures?
52The parents of a young boy who suffered an eye injury after playing with a laundry detergent packet sued the company that manufactured the product....
53Is evidence of a compromise offer, negotiation, or completed settlement admissible in a civil case to prove the validity of a disputed claim?
54A flour mill in a foreign country purchased supplies from the United States. In order to exchange foreign currency for dollars, it entered into a f...
55For what purposes may evidence of a compromise offer, negotiation, or completed settlement be admissible in a civil case?
56Is evidence of conduct or statements made during compromise negotiations in a civil dispute involving a government regulatory, investigative, or en...
57Is evidence of paying, promising to pay, or offering to pay medical expenses or other similar expenses resulting from an injury admissible to prove...
58Is evidence of paying, promising to pay, or offering to pay medical expenses or other similar expenses resulting from an injury admissible for purp...
59Is evidence of statements or conduct surrounding the act of paying, promising to pay, or offering to pay medical expenses admissible?
60Are guilty pleas that are later withdrawn, no contest pleas, and statements made during negotiations related to these pleas admissible against a de...
61Under what circumstances may a court admit a defendant’s otherwise-inadmissible statement made during plea negotiations?
62May a defendant agree to waive the protections of the rule excluding evidence of statements made during plea negotiations?
63Is evidence of a sexual assault victim’s past sexual behavior or sexual predisposition generally admissible in civil and criminal cases involving a...
64Under what circumstances is evidence of a sexual assault victim’s past sexual behavior or predisposition admissible in a criminal case that involve...
65In a criminal case, how does a party prove a sexual assault victim’s past sexual behavior or predisposition?
66The defendant was charged in federal court with sexually assaulting a woman at a party. The defendant argued that he and the victim had consensual ...
67The defendant was charged in federal court with sexual assault. The prosecutor alleged that the victim and defendant met at a bar. The defendant of...
68Under what circumstances is evidence of a sexual assault victim’s past sexual behavior or predisposition admissible in a civil case that involves a...
69Must a party who plans to offer evidence of a victim’s past sexual conduct under an exception to the general rule barring this evidence provide not...
70In a case involving allegations of sexual misconduct, do some courts allow a defendant to introduce into evidence a victim’s past accusations of ra...

What is a privilege?

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