PLGL 141 - Civil and Criminal Evidence » Fall 2023 » Quiz Chapter 13 Common Law Privileges
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Question #1
All communications between an attorney and his or her client, no matter what the content, are privileged.
A.
FALSE
B.
TRUE
Question #2
Only the attorney can waive the attorney/client privilege.
A.
FALSE
B.
TRUE
Question #3
Privileges may cause important evidence to be suppressed.
A.
TRUE
B.
FALSE
Question #4
A client’s identity is generally not protected under the attorney-client privilege.
A.
TRUE
B.
FALSE
Question #5
If the client asks her attorney for help in committing a crime, the attorney must testify regarding this request.
A.
FALSE
B.
TRUE
Question #6
It is unlawful for one spouse to testify against the other.
A.
TRUE
B.
FALSE
Question #7
Many states do not even acknowledge a physician-patient privilege.
A.
FALSE
B.
TRUE
Question #8
Freddy I.N. Sider, who was Chief Financial Officer of a large corporation, telephoned his best friend about the corporation’s next public offering of stock. His attorney happened to be present when he made this call. Freddy’s conduct is considered criminal by the Securities Exchange Commission, so when the SEC got a tip about the insider trading, they subpoenaed Freddy’s attorney to testify before the Federal Grand Jury. The attorney refused to testify. The presiding court should:
A.
Permit the attorney to assert the attorney-client privilege and refuse to testify.
B.
Compel the attorney to testify before the Grand Jury providing that I.N. Sider consents.
C.
Compel the attorney to testify because there is no privilege when the attorney observes the crime.
D.
Permit the attorney to assert the attorney-client privilege only if I.N. Sider consents.
Question #9
After the phone call, I.N. Sider and his attorney went for coffee. At the coffee shop, while the waitress was handing him a menu, I.N. Sider said to the attorney, “I know you heard me give my friend that insider tip.” At the trial, the Securities attorney calls the waitress to testify about the conversation between the attorney and I.N. Sider. Mr. Sider tells his attorney to object on attorney-client privilege. The trial court should:
A.
Permit I.N. to assert the attorney-client privilege with his attorney’s consent.
B.
Compel the waitress to testify because the conversation occurred when the attorney and I.N. knew the waitress was present.
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 providing that the waitress consents.
Question #10
Mr. Sider was indicted for Securities violations. During his trial preparation with a new attorney, their investigator presented them with some information which they all then discussed. Later in the day, the investigator was asked by a friend to describe the work the investigator was doing in relating to Mr. Sider’s indictment. Does any privilege apply?
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.
No privilege applies because the investigator’s work was done in front of someone other than Mr. Sider.
D.
Yes, the privilege applies because the case has not yet gone to trial.
Question #11
Mary confessed to her priest that she had had a sexual relationship with an elected official. The priest was later called to testify at Congressional hearings about what Mary had confessed. The priest refused to testify, and he was threatened with contempt of Congress. The likely result is
A.
The priest’s communication with Mary is not privileged, but Congress does not have the power to hold a reluctant witness in contempt.
B.
The priest’s communication with Mary is privileged, and the priest will not be held in contempt.
C.
None of these
D.
The priest’s communication with Mary is privileged, but only Mary can exert the privilege, and so the priest will be held in contempt.
Question #12
Jim admitted to his attorney that the drugs found in his car were his. Later he told his attorney that he intended to testify that the drugs belonged to a friend who had borrowed Jim’s car. The attorney withdrew from the case, and was subsequently called to testify against Jim. When asked about whether his client admitted that the drugs were his, the attorney
A.
Would have been compelled to answer under the crime-fraud exception.
B.
Would have been compelled to answer because an attorney may not knowingly allow a client to lie under oath.
C.
Would not have been compelled to answer because it would incriminate him.
D.
Would not have been compelled to answer because of the attorney-client privilege.
Question #13
A husband and wife were having a confidential conversation, but a snoopy neighbor eavesdropped by putting an amplifying device against the wall, and heard every word. The wife was called to testify against her husband, but she legally refused under the spousal privilege in that state. The eavesdropping neighbor was then called to testify. The husband
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 not be able to keep the eavesdropper from testifying because the presence of the eavesdropper causes the marital communications privilege to be waived.
D.
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.
Question #14
Big Company (BC), after eight lawyers carefully scrutinized 3 million pages, then promptly disclosed 2 million pages of disclosure to the Little Company (LC). Although LC had a small legal team, one of them found what looked like attorney-client work and work-product stuck inside another larger document. The parties had not made any agreements about waiving privileges. Within days of the disclosure BC called LC to inform LC to sequester the protected information. Thereafter, LC filed a motion requesting the court to find that BC had waived both privileges on the subject. The court should
A.
Rule that BC had not waived attorney-client or work-product because BC narrowed its disclosure pages from 3 to 2 million pages.
B.
Rule that the disclosure constituted a waiver because BC had disclosed so many pages.
C.
Rule the disclosure constituted a waiver because the parties did not have an agreement regarding waiver of protected information.
D.
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.
Question #15
In California, if a patient goes to the emergency room suffering from a gun shot wound, the doctor treating the patient
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
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