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Privilege, Black’s Law Dictionary (10th ed. 2014); see also, e.g., Univ. of Pa. v. EEOC, 493 U.S. 182 (1990).
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1What is a privilege?
What is a privilege?2What is the difference between a qualified privilege and an absolute privilege?
What is the difference between a qualified privilege and an absolute privilege?3Are privileges codified in the Federal Rules of Evidence (FRE)?
Are privileges codified in the Federal Rules of Evidence (FRE)?4What privileges do federal courts recognize under federal common law?
What privileges do federal courts recognize under federal common law?5What are the two marital privileges?
What 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?
May 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?
In what circumstances does the spousal immunity privilege apply?8May the spousal immunity privilege be waived?
May the spousal immunity privilege be waived?9Does the spousal immunity privilege apply if the spouses were co-conspirators in a crime?
Does 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 ...
The defendant was charged in federal court with mailing a threatening communication to his estranged wife. The defendant allegedly mailed his wife a letter threatening to kill her with a shotgun. At trial, the prosecutor called the wife as his first witness. The wife declined to answer any questions, asserting spousal testimonial privilege. The prosecutor asked the court to order the witness to answer, arguing that the spousal testimonial privilege did not apply when one spouse had allegedly committed a crime against the other. Should the court order the wife to testify?11What is the marital communications privilege?
What 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?
Does 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?
Does the marital communications privilege continue to apply even after the marriage is dissolved?14May either spouse invoke the marital communications privilege?
May either spouse invoke the marital communications privilege?15What communications are protected by the attorney-client evidentiary privilege?
What communications are protected by the attorney-client evidentiary privilege?16For purposes of the attorney-client privilege, who qualifies as an attorney?
For 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?
For purposes of the attorney-client privilege, may a client be either an individual or an organization?18Does the client hold the attorney-client privilege?
Does 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?
Does 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?
Does attorney-client privilege shield the identity of the client?21Does the attorney-client privilege extend to the attorney’s non-attorney necessary agents?
Does 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?
Does 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...
If an attorney represents two or more people jointly, and a lawsuit subsequently arises between those parties, may one person assert the attorney-client privilege to prevent disclosure of any of his relevant one-on-one confidential communications?24Does the attorney-client privilege extend to communications between a corporation’s attorneys and employees of the corporation?
Does 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?
May 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?
Does 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?
Are 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...
If a voluntary disclosure of otherwise-privileged materials is made in a federal proceeding or to a federal office or agency, thereby waiving the attorney-client privilege or work-product protections, under what circumstances does the waiver extend to undisclosed materials?29Does an inadvertent disclosure of privileged information to a third party always constitute a waiver of the attorney-client privilege?
Does 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...
In preparation for litigation, a company’s paralegals reviewed documents and were instructed by the company’s attorneys to remove any privileged material. However, the paralegals missed several letters exchanged between the company and outside counsel related to this litigation and inadvertently disclosed them to opposing counsel. Each of these inadvertently-disclosed documents was marked confidential. Immediately after opposing counsel found these letters during document review, the company removed and sequestered the letters. Opposing counsel moved to require production of the letters, arguing that attorney-client privilege was waived when the documents were disclosed during discovery. How should the court rule on the motion?31What is the work product doctrine?
What is the work product doctrine?32Do federal courts recognize a physician-patient privilege?
Do federal courts recognize a physician-patient privilege?33Do federal courts recognize a psychotherapist-patient privilege?
Do 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...
Do some federal courts recognize an exception to the psychotherapist-patient privilege if disclosure of a confidential communication is necessary to avoid serious harm to the patient or someone else?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...
A patient brought a medical malpractice claim in federal court against a medical clinic after several of the clinic’s doctors failed to diagnose his cancer. The parties were diverse (i.e., they were headquartered/domiciled in different jurisdictions) and the medical malpractice claim was based on state law. The patient sued the clinic and asserted physician-patient privilege to prevent the clinic from deposing one of the examining physicians. The clinic filed a motion in limine asking to be allowed to depose the doctor on the ground that there was no general physician-patient privilege in federal law. The patient countered that the state’s law, which recognized a physician-patient privilege, should be applied. How should the court rule on the motion in limine?36Do federal courts recognize a parent-child privilege?
Do federal courts recognize a parent-child privilege?37What types of communications are protected by the federal common-law clergy-penitent privilege?
What 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...
A 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 of child pornography. The pastor refused to testify, stating that the defendant was seeking spiritual advice. The pastor claimed clergy-penitent privilege. The prosecutor filed a motion to compel. How should the court rule on the motion?39In addition to the attorney-client privilege, which may apply to counsel for the government, are there other specific privileges that may apply onl...
In addition to the attorney-client privilege, which may apply to counsel for the government, are there other specific privileges that may apply only to government employees?40What is the state-secrets privilege?
What is the state-secrets privilege?41What is the deliberative-process privilege?
What is the deliberative-process privilege?42What is the presidential-communications privilege?
What is the presidential-communications privilege?43What is the law-enforcement privilege?
What 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?
In 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?
Can a party offer evidence of insurance?46For what purposes is evidence of liability insurance coverage inadmissible?
For what purposes is evidence of liability insurance coverage inadmissible?47For what purposes may a party offer evidence of liability insurance?
For 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...
The plaintiff was working as a flagman on a highway construction project when he was hit by a truck and badly injured. Despite extensive surgery, his legs were amputated. The plaintiff sued the driver of the truck for negligence. The truck driver called a doctor to testify that the plaintiff was already suffering from severe pre-existing circulatory problems that compromised his ability to heal after the surgery. On cross-examination, the plaintiff’s attorney asked if it was true that the doctor was frequently hired to testify on behalf of the driver’s insurance company. The defendant objected and moved to strike.How should the court rule on the motion?49What are subsequent remedial measures?
What are subsequent remedial measures?50Is evidence of subsequent remedial measures admissible to prove negligence?
Is evidence of subsequent remedial measures admissible to prove negligence?51For what purposes may a party offer evidence of subsequent remedial measures?
For 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....
The parents of a young boy who suffered an eye injury after playing with a laundry detergent packet sued the company that manufactured the product. After the injury occurred, the company placed a new, larger warning label on the package. After the new label was introduced, a young girl suffered the same type of injury from the same type of laundry detergent packet manufactured by the same company. Her parents also sued the company. Can either of the plaintiffs introduce evidence of the new warning label in order to prove a defect in the detergent packet or its design?53Is evidence of a compromise offer, negotiation, or completed settlement admissible in a civil case to prove the validity of a disputed claim?
Is 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...
A flour mill in a foreign country purchased supplies from the United States. In order to exchange foreign currency for dollars, it entered into a foreign currency exchange agreement with an American investor. The agreement stipulated the amount of the exchange. The mill completed its side of the contract by the deadline, but the investor’s checks bounced. At a meeting, the investor acknowledged to the mill owner that he owed the money and asked for an additional month in which to pay. After the investor failed to pay by the second deadline, the mill sued the investor for breach of contract. At trial, the mill owner wished to testify about the investor’s statements at the meeting. The investor objected, arguing that his statements at the meeting were inadmissible. How should the court rule on the objection?55For what purposes may evidence of a compromise offer, negotiation, or completed settlement be admissible in a civil case?
For 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...
Is evidence of conduct or statements made during compromise negotiations in a civil dispute involving a government regulatory, investigative, or enforcement agency admissible in a subsequent, related criminal case?57Is evidence of paying, promising to pay, or offering to pay medical expenses or other similar expenses resulting from an injury admissible to prove...
Is evidence of paying, promising to pay, or offering to pay medical expenses or other similar expenses resulting from an injury admissible to prove liability for the injury?58Is evidence of paying, promising to pay, or offering to pay medical expenses or other similar expenses resulting from an injury admissible for purp...
Is evidence of paying, promising to pay, or offering to pay medical expenses or other similar expenses resulting from an injury admissible for purposes other than proving liability for the injury?59Is evidence of statements or conduct surrounding the act of paying, promising to pay, or offering to pay medical expenses admissible?
Is 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...
Are guilty pleas that are later withdrawn, no contest pleas, and statements made during negotiations related to these pleas admissible against a defendant in a subsequent criminal or civil case?61Under what circumstances may a court admit a defendant’s otherwise-inadmissible statement made during plea negotiations?
Under 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?
May 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...
Is evidence of a sexual assault victim’s past sexual behavior or sexual predisposition generally admissible in civil and criminal cases involving alleged sexual misconduct?64Under what circumstances is evidence of a sexual assault victim’s past sexual behavior or predisposition admissible in a criminal case that involve...
Under what circumstances is evidence of a sexual assault victim’s past sexual behavior or predisposition admissible in a criminal case that involves allegations of sexual misconduct?65In a criminal case, how does a party prove a sexual assault victim’s past sexual behavior or predisposition?
In 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 ...
The defendant was charged in federal court with sexually assaulting a woman at a party. The defendant argued that he and the victim had consensual sex. He offered two pieces of evidence to support his theory of the case: (1) a character witness who would testify that the victim had a reputation in the community for her willingness to have sex and (2) a bartender who would testify that the victim had sex with a different person every night. The prosecutor objected that this evidence was inadmissible. Is the prosecutor correct?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...
The defendant was charged in federal court with sexual assault. The prosecutor alleged that the victim and defendant met at a bar. The defendant offered to drive the victim home, raped her in the back of the car, and then dropped her off at home. When the victim got home, she was crying and told her live-in boyfriend that she had been raped. The defendant argued that he and the victim had consensual sex in the car and that she fabricated the rape story in order to protect her already rocky relationship with her boyfriend. The defendant filed a motion indicating his intent to introduce evidence regarding the victim’s romantic history with her boyfriend. The prosecutor objected, arguing that the defendant could not offer evidence of the victim’s sexual behavior or sexual predisposition in a sexual assault case. Should the court allow the defendant to introduce the evidence?68Under what circumstances is evidence of a sexual assault victim’s past sexual behavior or predisposition admissible in a civil case that involves a...
Under what circumstances is evidence of a sexual assault victim’s past sexual behavior or predisposition admissible in a civil case that involves allegations of sexual misconduct?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...
Must 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 notice to the victim?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...
In a case involving allegations of sexual misconduct, do some courts allow a defendant to introduce into evidence a victim’s past accusations of rape that turned out to be false?71A communication between an attorney and a client is protected by the attorney-client privilege only if the communication was:(1) ________ and (2) _...
A communication between an attorney and a client is protected by the attorney-client privilege only if the communication was:(1) ________ and (2) ________.72Who holds and may waive the attorney-client privilege?
Who holds and may waive the attorney-client privilege?73Evidence of settlement offers, settlement acceptances, or conduct or statements made during settlement negotiations is not admissible for which two...
Evidence of settlement offers, settlement acceptances, or conduct or statements made during settlement negotiations is not admissible for which two purposes?