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Privileges MCQ

_____ is individuals in various confidential relationships may not testify about information communicated during the relationship.

Recorded recollection

testimonial privilege

Statement made for medical diagnosis

All of these

Answer

Correct Answer: testimonial privilege

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Is state secrets privilege the government may refuse to give evidence and to prevent any person from giving evidence upon a showing of a reasonable likelihood of danger that the evidence will disclose a state secret or official information?

True

False

Answer

Correct Answer: True

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_____ is known as a patient may prevent a psychotherapist from revealing information conveyed during treatment.

psychotherapist-patient privilege

An illegal questioning

Custodial arrest

All of these

Answer

Correct Answer: psychotherapist-patient privilege

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_____ is defined as a patient may prevent a doctor from revealing confidential information communicated during an examination for diagnosis or treatment.

A leading question

An argumentative question

None of these

physician-patient privilege

Answer

Correct Answer: physician-patient privilege

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_____ is information regarding criminal investigation, military plans and diplomacy, and other matters.

All of these

No, the warrant was only to search for firearms, nothing additional.

official information privilege

Yes, after calling a judge to get plain view permission.

Answer

Correct Answer: official information privilege

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Is news media privilege a journalist is not required to reveal the identity of his or her sources or provide information gathered as a journalist?

False

True

Answer

Correct Answer: True

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_____ is known as a law allowing journalists to refuse to reveal their sources.

Criminal history

Seriousness of the offense

All of these

journalist shield law

Answer

Correct Answer: journalist shield law

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_____ is defined as grand jury proceedings are required to remain secret.

grand jury confidentiality

There is no burden of proof because the case is automatically thrown out due to police misconduct

None of these

The defendant regardless of the warrant

Answer

Correct Answer: grand jury confidentiality

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_____ is the president has the right to refuse to reveal the confidential decision-making process.

All of these

past recollection recorded

executive privilege

No, because he was not confronted with the coercion of police interrogation.

Answer

Correct Answer: executive privilege

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Is dangerous patient exception a psychotherapist is obligated to reveal reasonable grounds to believe a patient poses a danger to others?

False

True

Answer

Correct Answer: True

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_____ is known as the attorney-client privilege does not require a lawyer to maintain information about a future crime or fraud confidential.

Both are used when a witness cannot recall details

All of these

confidential informant privilege

crime-fraud exception

Answer

Correct Answer: crime-fraud exception

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_____ is defined as the prosecution is not required to reveal the identity of an informant.

Both are used when a witness cannot recall details

All of these

confidential informant privilege

demonstrative evidence

Answer

Correct Answer: confidential informant privilege

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_____ is penitent may prevent clergy from testifying about information revealed by penitent in confidence.

clergy-penitent privilege

None of these

Exemplar prints

Plastic prints

Answer

Correct Answer: clergy-penitent privilege

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Is attorney-client privilege a client can prevent his or her attorney from testifying about information revealed by the client in confidence?

True

False

Answer

Correct Answer: True

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In determining whether to recognize the privilege, a judge will consider:

The relevancy of the information.

Whether the information can be obtained by alternate means.

Whether there is a compelling interest in the information.

All of the above

Answer

Correct Answer: All of the above

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Police may not seize news material from any newspaper, even with a probable cause warrant, because of their first amendment protection.

True

False

Answer

Correct Answer: False

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Which is not a reason for grand jury confidentiality?

The protection of independence and free deliberation of the grand jury

The protection of individuals required to testify without fear of retribution

To ensure individuals who may be indicted do not flee the jurisdiction to avoid charges

To prevent cross-examination of the witnesses

Answer

Correct Answer: To prevent cross-examination of the witnesses

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The government may require individuals serving on a grand jury to keep their deliberations secret, and any disclosure may subject them to criminal punishments.

True

False

Answer

Correct Answer: True

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The executive privilege applies to the president, department heads, and agency heads.

True

False

Answer

Correct Answer: True

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Two friends engaged in robberies across the city. They went a significant amount of time without being caught. They marry in the hopes that if caught they can prevent one another from testifying. They will be protected as a married couple.

True

False

Answer

Correct Answer: False

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A man and women met each other during a crime spree in the 1990s. The woman was part of a group of bank robbers that successfully operated all over the city. The man was a fan of true crime. The two met during one of the woman’s crime sprees. She would tell the man all about her crazy lifestyle and it made him love her more. They immediately marrie , and divorced 2 months later. She is now on trial, and the prosecution wishes to call the man as a witness. May he testify as to the stories she told him before marriage?

No, the marital communications privilege allows spouses and former spouses to refuse to disclose communications with one another.

Yes, the marital communication privilege applies to statements made during but not before marriage.

No, he may not testify in a criminal case but may in a later civil case.

No, his status as a former spouse automatically prevents testimony.

Answer

Correct Answer: Yes, the marital communication privilege applies to statements made during but not before marriage.

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A psychologist is in a session with a long-term patient where he repeatedly threatened to kill his supervisor at work. May the psychologist disclose these threats without breaking the privilege?

Yes, provided the jurisdiction recognizes the duty to warn

No, nothing can be said until a violent attempt has been made by the patient

Yes, providing disclosure is made to law enforcement

No, there is a 96 hour waiting requirement before disclosure

Answer

Correct Answer: Yes, provided the jurisdiction recognizes the duty to warn

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The psychotherapist-patient privilege extends to social workers.

True

False

Answer

Correct Answer: True

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A state law requires physicians to report any gunshot wounds encountere A woman enters the emergency room after having been shot. The physician asks for permission to disclose her wound to the authorities, but she refuses. He reports the information as required by the statute. Have his actions violated the physician-patient privilege?

Yes

Yes, but only because she refused to consent

No, because doctors can always disclose information relating to patients’ injuries

Answer

Correct Answer: No

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The physician-patient privilege applies in state and federal courts alike.

True

False

Answer

Correct Answer: False

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Regardless of the privilege, many jurisdictions require clergy to report child abuse.

True

False

Answer

Correct Answer: True

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A woman confessed her recent criminal involvement to her priest. She then confessed the same involvement to nearly the entire congregation. The clergy-penitent privilege still applies.

True

False

Answer

Correct Answer: False

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A client visits his lawyer to discuss an upcoming trial. The client admittedly committed the crime as charged and wishes to testify but informs the lawyer that he will not testify truthfully and will commit perjury on the witness stan Would this statement be protected by the attorney-client privilege?

Yes

Only after the client takes the stand and makes the statement

Not unless a third party was present

Answer

Correct Answer: Yes

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Which party is the holder of the attorney-client privilege?

Lawyer

Client

Whoever pays for the representation

The parents, if the client is a minor

Answer

Correct Answer: Client

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