David Isaac
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Quiz on privilege.

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David Isaac
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Privilege

Question 1 of 8

1

The Wigmore test is a test for determining...

Select one of the following:

  • Whether privilege exists on a case-by-case basis.

  • Whether a class privilege exists.

  • Whether solicitor-client privilege exists.

Explanation

Question 2 of 8

1

All communication from a lawyer to a client is privileged.

Select one of the following:

  • True
  • False

Explanation

Question 3 of 8

1

Which of the following are likely captured by solicitor-client privilege?

Select one or more of the following:

  • Records of payment to a lawyer.

  • A lawyer advising her client on what constitutes assault.

  • A lawyer advising her client on how to get away with a crime

  • A videotape of the event in question sent to the lawyer by her client.

  • Communication with the lawyer's clerk.

Explanation

Question 4 of 8

1

In order for legislation to pierce solicitor-client privilege, it must...

Select one of the following:

  • Contain a provision stating that it can look at evidence, whether or not that evidence would be admissible in court.

  • Contain provisions capturing privilege broadly construed.

  • State its intention to do so in clear, explicit and unequivocal terms

Explanation

Question 5 of 8

1

Solicitor-client privilege is a quasi-constitutional principle.

Select one of the following:

  • True
  • False

Explanation

Question 6 of 8

1

Which of the following must be met in order for the public safety exception to apply? (check all that apply)

Select one or more of the following:

  • Risk to a large group of people

  • Clear risk to an identifiable group or person

  • Reasonable apprehension of injury

  • Risk of serious bodily harm or death

  • Imminent or urgent danger

  • Evidence that the person may be making plans to commit a crime

Explanation

Question 7 of 8

1

Solicitor-client privilege can be pierced if doing so will introduce evidence that substantially bolster the accused's case, so long as the accused is highly likely to be convicted without that evidence.

Select one of the following:

  • True
  • False

Explanation

Question 8 of 8

1

With respect to litigation privilege, corporate search records are...

Select one of the following:

  • Not privileged.

  • Privileged.

  • Not privileged, unless you can show they reveal something about your theory of the case.

  • Privileged, unless you can show that privilege has been waived.

Explanation