Evidence Module 3 End of Lecture Questions

Which of the following is TRUE regarding attorney-client privilege?

The communication must be for the purpose of securing legal advice.

Any statement made to an attorney is privileged.

The attorney holds the privilege.

The privilege includes the underlying facts contained in the communication.

The communication must be for the purpose of securing legal advice.

The presence of which of the following third persons will destroy the attorney-client privilege?

A translator

The attorney’s assistant

An unknown eavesdropper

The client’s friend

The client’s friend

Which of the following will NOT waive the attorney-client privilege?

Failure to assert the privilege in a timely manner

Voluntary disclosure of the information

Involuntary disclosure of the information

Negotiating a waiver

Involuntary disclosure of the information

Which of the following is FALSE with regard to attorney-client privilege?

Documents prepared by the attorney in anticipation of litigation will be protected as attorney work product.

Communications are privileged if made for the purpose of getting help to commit a crime.

Communications are not privileged if there is a dispute between the lawyer and the client.

If attorney work product is discoverable, the attorney’s mental impressions are still protected from disclosure.

Communications are privileged if made for the purpose of getting help to commit a crime.

Regarding the physician-patient privilege, which is FALSE?

There is no physician-patient privilege under federal law.

The statement must be made for the purposes of medical treatment.

The privilege applies when the patient’s physical condition is at issue.

The privilege will not apply in a dispute between a patient and doctor.

The privilege applies when the patient’s physical condition is at issue.

Regarding other privileges, which of the following is FALSE?

There is no psychotherapist-patient privilege under federal law.

The psychotherapist-patient privilege does not apply if the communication was the result of a court-ordered exam.

The Fifth Amendment protection against self-incrimination does not apply to corporations.

The Fifth Amendment protects a witness from being compelled to give incriminating testimony against himself.

There is no psychotherapist-patient privilege under federal law.

Which of the following statements regarding the privilege protecting confidential marital communications is TRUE?

The privilege is held by both spouses.

The time for asserting the privilege ends at the termination of the marriage.

The privilege only applies in criminal cases.

The privilege applies in cases in which one spouse is suing the other.

The privilege is held by both spouses.

Which of the following statements regarding spousal immunity is FALSE?

It gives a spouse the right to refuse to testify in a criminal case against the other spouse.

It does not apply when one spouse is suing the other.

It is limited to communications that occurred during the marriage.

The witness spouse holds the privilege.

It is limited to communications that occurred during the marriage.

FILL IN THE BLANK. Evidence of a subsequent remedial measure may be admissible _________________________________.

to prove negligence

to prove defective design

to prove culpability

to prove ownership

to prove ownership

Which of the following is FALSE regarding compromise offers and plea negotiations?

Settlement offers are never admissible.

Withdrawn guilty pleas are not admissible in criminal or civil proceedings.

Settlement offers are not admissible as a prior inconsistent statement to impeach.

Statements made during criminal plea negotiations are not admissible.

Settlement offers are never admissible.

Which of the following is TRUE regarding public policy exclusions?

Offers to pay medical expenses are admissible to prove fault.

Pleas of nolo contendre are admissible in criminal court or in a subsequent civil proceeding.

Evidence of liability insurance is never admissible.

Conduct or statements that accompany an offer to pay medical expenses are admissible.

Conduct or statements that accompany an offer to pay medical expenses are admissible.

Which of the following is FALSE regarding the admissibility of evidence of an individual’s sexual conduct?

In a criminal case involving sexual misconduct, reputation evidence of a victim’s sexual behavior is admissible.

In a defamation case, evidence of the victim’s sexual conduct is admissible if its probative value substantially outweighs the danger of harm.

In a criminal case, the defendant’s arrest for a sexual assault against another victim may be admissible as propensity evidence.

Specific instances of a victim’s sexual behavior may be admissible as the constitution requires.

In a criminal case involving sexual misconduct, reputation evidence of a victim’s sexual behavior is admissible.