Protective Orders and Privileges-Module 2 of 6

Question 1

What is a protective order?

a. An order of the court that protects a person from disclosing information that would otherwise be discoverable.

b. An order of the court that requires the opposing party to stay a certain distance from the other party due to poor behavior in the past.

c. An order that provides a witness immunity from prosecution

d. An order that instructs police protection for a witness who is in danger

e. None of the above.

Question 2

Who can seek a protective order?

a. Only the parties to the litigation

b. Any party from whom discovery is sought

c. The party seeking discovery

d. A. and b.

e. B. and c.

Question 3

What are examples of ways that the court can limit discovery?

a. By disallowing discovery altogether

b. By sealing a deposition, to be opened only upon court order

c. By forcing parties to provide specific documents or information simultaneously, in sealed envelopes

d. By specifying the time, place, and expense allocation of discovery

e. All of the above

Question 4

Which is not an example of a privilege?

a. Attorney-client privilege

b. The doctor-patient privilege

c. The police officer-victim privilege

d. The clergyman-penitent privilege

e. The spousal privilege

Question 5

Which statement about privileges is false?

a. They can be waived

b. Only the person who holds the privilege can waive it

c. Waiver occurs when, despite the privileged party’s best efforts, an eavesdropper overhears the protected communication

d. A. and b. are both false

e. All of the above statements are true

Question 6

If a party is notified that he was accidentally provided with privileged information, what are his obligations?

a. He must sequester, return, or destroy the information and any copies of it.

b. None. The information is considered waived under all circumstances and therefore, the recipient can do what he wants with it.

c. He must make copies of it, but return the originals to the party seeking protection

d. The party must go to whatever lengths necessary to retrieve the allegedly protected information, if he dispensed it to any other party.

e. None of the above are correct.

Question 7

Which statement about the doctor-patient privilege is false?

a. It only applies to disclosures made to the doctor by the patient for the purpose of obtaining medical treatment.

b. The patient, not the doctor, controls the privilege and when it is waived.

c. It is recognized under the federal rules, but not as to psychiatrists, psychologists or licensed social workers.

d. It is recognized is most state courts, but only as to psychiatrists, psychologists and licensed social workers in federal court.

e. Communications made in furtherance of a crime are not protected.

Question 8

Which statement about spousal privilege is false?

a. The privilege is held by both parties to the marriage

b. It protects all communications between the parties, not just ones made in confidence

c. Unspoken conduct that is intended as communication is also protected.

d. The privilege is intended to protect intimacy in a marriage.

e. All of the above are true.

Question 9

Which statement about the privilege against self-incrimination is false?

a. It can only be raised in criminal matters

b. It can be raised in either criminal or civil matters

c. It can only be raised by a party to the litigation

d. B. and c. are false

e. A. and c. are false

Question 10

Which are examples of how a privilege can be waived?

a. Express or implied

b. Voluntary and knowing disclosure

c. Pursuant to a contractual obligation

d. All of the above

e. A. and b. only