Quiz Chapter 13 Common Law Privileges

A  cannot disclose information concerning the incident to police due to a federal health privacy statute

B  cannot disclose information about the incident to police because it is privileged

C  can only disclose the information to police if the patient consents

D  must report the incident to police due to the nature of the wound

A  Rule that BC had not waived attorney-client or work-product because BC had taken precautions,  had inadvertently goofed and had called LC right away.

B  Rule that BC had not waived attorney-client or work-product because BC narrowed its disclosure pages from 3 to 2 million pages.

C  Rule that the disclosure constituted a waiver because BC had disclosed so many pages.

D  Rule the disclosure constituted a waiver because the parties did not have an agreement regarding waiver of protected information.

A  Will probably be able to preclude the eavesdropper from testifying because the eavesdropper violated his 4th Amendment rights.

B  Will not be able to keep the eavesdropper from testifying because there is no privilege which applies.

C  Will probably be able to preclude the eavesdropper from testifying because he reasonably believed his communication with his wife was confidential, and such communications are generally privileged.

D  Will not be able to keep the eavesdropper from testifying because the presence of the eavesdropper causes the marital communications privilege to be waived.

A  Would have been compelled to answer because an attorney may not knowingly allow a client to lie under oath.

B  Would not have been compelled to answer because of the attorney-client privilege.

C  Would not have been compelled to answer because it would incriminate him.

D  Would have been compelled to answer under the crime-fraud exception.

A  The priest’s communication with Mary is privileged, but only Mary can exert the privilege, and so the priest will be held in contempt.

B  The priest’s communication with Mary is not privileged, but Congress does not have the power to hold a reluctant witness in contempt.

C  The priest’s communication with Mary is privileged, and the priest will not be held in contempt.

D  None of these

A  No privilege applies because the investigator is not an attorney, paralegal or law clerk on the trial team.

B  Yes, the privilege applies in this situation because the investigator is part of the legal team.

C  Yes, the privilege applies because the case has not yet gone to trial.

D  No privilege applies because the investigator’s work was done in front of someone other than Mr. Sider.

A  Permit I.N. to assert the attorney-client privilege with his attorney’s consent.

B  Compel the waitress to testify providing that the waitress consents.

C  Permit I.N. to assert the attorney-client privilege to prevent the waitress from testifying to the conversation.

D  Compel the waitress to testify because the conversation occurred when the attorney and I.N. knew the waitress was present.

A  Permit the attorney to assert the attorney-client privilege and refuse to testify.

B  Compel the attorney to testify because there is no privilege when the attorney observes the crime.

C  Compel the attorney to testify before the Grand Jury providing that I.N. Sider consents.

D  Permit the attorney to assert the attorney-client privilege only if I.N. Sider consents.

A  FALSE

B  TRUE

A  FALSE

B  TRUE

A  FALSE

B  TRUE

A  FALSE

B  TRUE

A  TRUE

B  FALSE

A  TRUE

B  FALSE

A  TRUE

B  FALSE