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Question 1
Defendant Buddy Rich was convicted of lying on a law school educational loan application. He hid assets from the government, in order to obtain thousands of extra dollars during law school, and subsequently lived like a king in a palace while his classmates struggled to study in cockroach-infested hovels. In a civil suit Buddy was required by the plaintiff to pay back $100,000, but the plaintiff has only collected a fraction of that amount. The plaintiff suspects Buddy is again hiding assets, and serves interrogatories on Buddy's wife, Penelope Rich. Penelope asserts the marital privilege in refusing to answer. What will the court do?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct For the most part, a party or non-party spouse may refuse to disclose AND prevent the other spouse from disclosing confidential communications made between spouses during the marriage. Nonetheless, if the communication was made to enable a crime or fraud, the privilege is not applicable. This is an important exception to the other privileges we have learned about, as well.
Incorrect! For the most part, a party or non-party spouse may refuse to disclose AND prevent the other spouse from disclosing confidential communications made between spouses during the marriage. Nonetheless, if the communication was made to enable a crime or fraud, the privilege is not applicable. This is an important exception to the other privileges we have learned about, as well.
Question 2
Doctor Cartair examines a patient, Chuck Mansohn, in the emergency room at a Chicago hospital for a sprained leg. Cartair tells Mansohn that Mansohn will have to remain in bed for a few days while Mansohn's leg heals. Mansohn says he can't stay in bed he has to meet his friend Mary on Tuesday at the bank. Mansohn subsequently is arrested that Tuesday in connection with a bank robbery reportedly committed with Mary faithfully by his side. Cartair is called at a trial to give testimony regarding what Mansohn said to him in the emergency room a few days prior to the robbery. Upon objection by Mansohn's attorney, a court will rule the testimony is:
Correct
Incorrect!
Correct The patient-physician privilege is rarely applicable, and cannot be successfully invoked if the nature of the communication has nothing to do with obtaining treatment. (a) is incorrect, because if available the privilege would not be destroyed by the presence of a nurse helping the doctor do his job. (d) is incorrect because on the facts it appears the communication was confidential, although that has no bearing on the fact that the communication had nothing to do with Mansohn's treatment. As such, the testimony would be heard.
Incorrect! The patient-physician privilege is rarely applicable, and cannot be successfully invoked if the nature of the communication has nothing to do with obtaining treatment. (a) is incorrect, because if available the privilege would not be destroyed by the presence of a nurse helping the doctor do his job. (d) is incorrect because on the facts it appears the communication was confidential, although that has no bearing on the fact that the communication had nothing to do with Mansohn's treatment. As such, the testimony would be heard.
Correct
Incorrect!
Correct
Incorrect!
Question 3
A disgusted onlooker saw Winona steal from a department store. Winona shoved expensive bars of designer soap down her pants and tried to hide a bottle of perfume in a small handbag. Winona was caught when the bottle top broke off in the handbag and the perfume spread all over her and her clothes. The witness told a store representative, who in turn told a security guard, who apprehended Winona and called the police. Winona was put on trial for shoplifting, and her defense was that she intended to pay for the items. Winona's estranged husband was willing to testify against her. He was going to state that Winona confided in him, after he bailed her out of prison, that Winona really did try to steal the items. Winona's attorney objects on privilege grounds. The judge will hold the testimony to be:
Correct
Incorrect!
Correct
Incorrect!
Correct Under the confidential marital communications privilege, anything discussed in confidence between a husband and wife will be privileged. In the federal courts, one spouse may testify against the other in criminal cases, but any confidential communications between the spouses will be privileged. On the facts, Winona's communication to her husband was in confidence. Therefore, (c) is correct. (b) is incorrect because the testimony would be relevant to Winona's guilt, if the communication were admissible
Incorrect! Under the confidential marital communications privilege, anything discussed in confidence between a husband and wife will be privileged. In the federal courts, one spouse may testify against the other in criminal cases, but any confidential communications between the spouses will be privileged. On the facts, Winona's communication to her husband was in confidence. Therefore, (c) is correct. (b) is incorrect because the testimony would be relevant to Winona's guilt, if the communication were admissible
Correct
Incorrect!
Question 4
Muddy Bathwaters, a famous bluesman, is on trial in federal court in Manhattan for conspiring to defraud B.B. King's club in Times Square. At Muddy's trial, the Assistant United States Attorney prosecuting the case calls Muddy's wife to the stand to testify as to what she heard Muddy say to a friend who worked at B.B. King's club and who is also on trial as a co-conspirator of Muddy's. May Muddy's wife testify as to what she heard Muddy say?
Correct In federal court and in some states, the witness spouse has a choice whether or not to testify against a defendant spouse, regardless of whether the defendant spouse consents. The privilege actually belongs to the witness-spouse only.
Incorrect! In federal court and in some states, the witness spouse has a choice whether or not to testify against a defendant spouse, regardless of whether the defendant spouse consents. The privilege actually belongs to the witness-spouse only.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 5
Muddy Bathwaters, a famous bluesman, is on trial in federal court in Manhattan for conspiring to defraud B.B. King's club in Times Square. At Muddy's trial, the Assistant United States Attorney prosecuting the case calls Muddy's wife to the stand to testify as to what Muddy said to her about his business with B.B. King's club. May Muddy's wife testify as to what she heard Muddy say?
Correct
Incorrect!
Correct Here, if Muddy's wife wants to testify as to what Muddy told her in confidence while they were married, she would probably not be able to if Muddy objected. Any court recognizing the confidential marital communications privilege will probably agree that a spouse who made a communication may assert the privilege. This question differs from the prior question, because here Muddy confided in Mrs. Bathwaters. In the prior question, Mrs. Bathwaters merely overheard what Muddy told his friend. In that question, there was no confidential marital communication, and therefore under federal court rules Mrs. Bathwaters was entitled to decide whether or not to disclose what she heard. So here, (b) is the correct choice and (a) is therefore incorrect.
Incorrect! Here, if Muddy's wife wants to testify as to what Muddy told her in confidence while they were married, she would probably not be able to if Muddy objected. Any court recognizing the confidential marital communications privilege will probably agree that a spouse who made a communication may assert the privilege. This question differs from the prior question, because here Muddy confided in Mrs. Bathwaters. In the prior question, Mrs. Bathwaters merely overheard what Muddy told his friend. In that question, there was no confidential marital communication, and therefore under federal court rules Mrs. Bathwaters was entitled to decide whether or not to disclose what she heard. So here, (b) is the correct choice and (a) is therefore incorrect.