Privileges and policy exclusions Bar Exam Flashcards - Medical Study Cards
Master Privileges and policy exclusions with Oncourse flashcards. These spaced repetition flashcards are designed for medical students preparing for NEET PG, USMLE Step 1, USMLE Step 2, MBBS exams, and other medical licensing examinations.
Privileges and policy exclusions Flashcard Deck - 10 Cards
Flashcard 1: What does the federal psychotherapist-patient privilege protect?
Answer: Under Jaffee, it protects confidential communications between a patient and a licensed psychotherapist or clinical social worker made during diagnosis or treatment; the privilege has no general balancing exception and may be waived by voluntary disclosure.
Flashcard 2: What does Rule 409 exclude, and what does it leave admissible?
Answer: Rule 409 excludes offers, promises, or actual attempts to pay or furnish medical, hospital, or similar expenses resulting from an injury, but it does not exclude accompanying admissions, conduct, or statements.
Flashcard 3: When are subsequent remedial measures excluded under Rule 407?
Answer: A measure taken after an injury or harm that would have made the earlier injury less likely is inadmissible to prove negligence, culpable conduct, a defect, or a need for a warning or instruction. It may be admitted for another purpose, such as proving ownership, control, or feasibility when controverted, or for impeachment.
Flashcard 4: What does Rule 411 provide concerning liability insurance?
Answer: Evidence that a person was or was not insured against liability is inadmissible to prove that the person acted negligently or wrongfully. It may be admitted for another relevant purpose, such as proving bias, agency, ownership, or control.
Flashcard 5: What is the common-interest rule for attorney-client communications?
Answer: Parties with a shared legal interest may disclose privileged communications to one another or their attorneys without waiving the attorney-client privilege as to outsiders. The protection applies only while the parties share a common legal interest, not merely a common business or financial interest.
Flashcard 6: How do the two spousal privileges differ?
Answer: The spousal testimonial privilege generally permits a witness-spouse to refuse to testify against the other spouse in a criminal case, while the confidential marital communications privilege protects confidential communications made during the marriage in civil or criminal cases. The testimonial privilege belongs to the witness-spouse; both spouses generally hold the marital-communications privilege, which survives divorce.
Flashcard 7: What must exist before Rule 408 excludes compromise negotiations?
Answer: There must be a disputed claim as to validity or amount, and a compromise offer, acceptance, or related conduct or statements made during negotiations to resolve it. The evidence is excluded when offered to prove or disprove the claim or to impeach, but may be admitted for another purpose.
Flashcard 8: Who holds the attorney-client privilege, and how may it be waived?
Answer: The client holds the privilege, and the client may waive it by voluntarily disclosing the protected communication to a third party. The privilege does not apply to communications made to further a crime or fraud.
Flashcard 9: What communications does the attorney-client privilege protect?
Answer: Under the majority rule, it protects confidential communications between a client and a lawyer or their agents made for the purpose of obtaining or providing legal advice. It does not protect underlying facts, business advice unrelated to legal advice, or communications made in the presence of unnecessary third parties.
Flashcard 10: What is the majority rule for the physician-patient privilege?
Answer: In jurisdictions recognizing it, the privilege protects confidential communications made by a patient to a physician for diagnosis or treatment, and the patient holds the privilege. Common exceptions include putting the medical condition in issue, voluntary waiver, and communications made for purposes other than treatment.
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