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Multiple Choice
1. The primary purpose of judicial notice is to _____.
a.
protect the rights of defendants
b.
assure a fair trial for both parties
c.
give the judge more control over the proceedings
d.
save time and effort
2. Judicial notice is permitted _____.
a.
in all jurisdictions except the federal courts
b.
in the federal courts but not state courts
c.
in a majority of jurisdictions
d.
in all jurisdictions
3. The oldest application of judicial notice is for _____.
a.
matters generally known within the community or state
b.
principles that are generally accepted by reputable scientists
c.
the identity of defendants
d.
published official records
4. The privilege against self-incrimination is found in the _____ Amendment.
a.
Fourth
b.
Fifth
c.
Sixth
d.
Eighth
5. A person can assert the privilege against self-incrimination _____.
a.
only at criminal proceedings
b.
only in civil proceedings
c.
only at the grand jury
d.
at any judicial proceeding
6. People can assert the privilege against self-incrimination only for _____ evidence.
a.
physical or scientific evidence
b.
testimonial or communicative
c.
bodily
d.
exculpatory
7. The oldest confidential communication privilege known to the common law was the _____ privilege.
a.
attorney–client
b.
priest–penitent
c.
doctor–patient
d.
reporter–source
8. The attorney–client privilege does not apply when the client informs the attorney of _____.
a.
past crimes
b.
planned crimes
c.
incriminating information
d.
crimes against the state
9. It has been held that courts should not take _____ of facts that are an element of the crime charged or serve as
the basis for increased prison sentences.
a.
judicial notice
b.
presumption
c.
bias opinion
d.
omission
10. The marital privilege _____.
a.
was not recognized at common law
b.
is not recognized in federal courts
c.
is recognized in about half the states
d.
is recognized in all jurisdictions
11. When one spouse has _____, marital privilege does not apply.
a.
committed a crime against the other
b.
been unfaithful to the other
c.
committed a crime
d.
been married before
12. The physician–patient privilege _____.
a.
did not exist at common law
b.
entered the common law in the 1700s
c.
is designed to protect the physician
d.
is recognized only if the physician collects a fee
13. In jurisdictions with a psychotherapist–patient privilege, there is usually an exception for patients who
_____.
a.
are rely on public funding for treatment
b.
patients who do not really need treatment
c.
may be a danger to themselves or others
d.
are acutely psychotic
14. Prosecutors generally have a privilege not to reveal the _____.
a.
exculpatory evidence in their possession
b.
agency by which they are employed
c.
identity of confidential informants
d.
fact that they were working undercover
15. Federal statutes give federal employees a privilege not to reveal _____.
a.
their employment by a government agency
b.
communications from foreign governments
c.
communications between embassy employees
d.
military or diplomatic secrets vital to national security
16. An informant's privilege is not a(n) _____ privilege and must give way when there is a compelling need to
protect the rights of the accused.
a.
administrative
b.
judicial
c.
prosecutorial
d.
absolute
17. Many states have a _____ privilege for journalists, meaning a journalist can refuse to disclose sources, but
must make available other information acquired through reporting activities.
a.
administrative
b.
qualified
c.
subjective
d.
absolute
18. About _____ of the states have statutes defining the clergy-penitent privilege, with a few other states
recognizing the privilege by court decisions.
a.
one-quarter
b.
one-third
c.
half
d.
two-thirds
19. Courts have long held that judicial notice may be taken of _____theories that have been so established that
they have “attained the status of … law”,
a.
scientific
b.
conceptual
c.
proven
d.
absolute
20. The Fifth Amendment privilege against self-incrimination is the _____ privilege that has been incorporated
into the U.S. Constitution and many state constitutions.
a.
state
b.
qualified
c.
primary
d.
only
True / False
21. The purpose of judicial notice is to protect the privilege against self-incrimination.
a.
True
b.
False
22. A judge can take judicial notice of facts that are known solely to the judge.
a.
True
b.
False
23. The privilege against self-incrimination applies to handwriting and speech exemplars.
a.
True
b.
False
24. The privilege against self-incrimination is found in the Fifth Amendment.
a.
True
b.
False
25. The privilege against self-incrimination can be asserted only in criminal proceedings.
a.
True
b.
False
LEARNING OBJECTIVES:
CEPC.GARD.16.6.2
26. If a person asserts their Miranda privilege to remain silent during police questioning, that silence can be
used as evidence of guilt.
a.
True
b.
False
27. The attorney–client privilege was not recognized at common law.
a.
True
b.
False
28. If a law clerk or secretary of the attorney is present during the attorney–client meeting, the privilege is
waived.
a.
True
b.
False
29. The attorney–client privilege does not apply to communications made for the purpose of getting advice to
commit a crime or fraud.
a.
True
b.
False
30. All states and the federal government have some form of the marital privilege.
a.
True
b.
False
31. The marital privilege does not apply when one spouse has committed a crime against the other spouse.
a.
True
b.
False
32. The physician–patient privilege did not exist at common law.
a.
True
b.
False
33. The physician–patient privilege applies only when the physician is being paid.
a.
True
b.
False
34. There are no exceptions to the psychotherapist–patient privilege.
a.
True
b.
False
35. The sexual assault counselor’s privilege is designed to protect those charged with sexual assault.
a.
True
b.
False
36. The U.S. Supreme Court has recognized an absolute reporter–source privilege.
a.
True
b.
False
37. Every jurisdiction recognizes a parent–child privilege.
a.
True
b.
False
38. The police–informant privilege involves a privilege not to reveal the identity of confidential police
informants.
a.
True
b.
False
39. The federal government has a privilege not to disclose military or diplomatic secrets vital to national
security.
a.
True
b.
False
40. The president of the U.S. has no privilege with regard to confidential communications with top advisors.
a.
True
b.
False
Completion
41. Judicial _____________ is an exception to the traditional methods of presenting evidence.
42. The privilege against self-______________ is found in the Fifth Amendment.
43. The privilege against self-incrimination applies only to testimonial or _____________ evidence.
44. There is an exception to the psychotherapist–patient privilege for patients who may present a ____ to
themselves or others
45. Many states recognize a clergy–____________ privilege.
46. Prosecutors have a privilege not to reveal the identity of confidential __________.
47. A number of federal courts of appeal and district courts have concluded there is a qualified journalist
privilege under the _____ Amendment in civil cases, but most have concluded that there is no privilege in
criminal cases.
48. The _____ against self-incrimination is seen as crucial to our adversarial and accusatorial system of justice.
49. To provide a handwriting _____ an individual would have to provide sample of his or her handwriting.
50. The ________–client privilege was the first privilege recognized at common law.
51. The husband–wife privilege is also known as the _____________ privilege.
52. The U.S. ___________ has a privilege for confidential communications with top advisors.
53. State v. Gagnon established that information used in court must have the characteristic of ______________
knowledge.
54. The Fifth Amendment privilege applies to prosecution or the possibility of prosecution of any
______________ case.
55. Discuss fully the scope of the privilege against self-incrimination. Be sure to provide examples.
56. What is the police–informant privilege? What is its rationale, and what are some exceptions to this
privilege?
57. What are the requirements of the physician–patient privilege? What are some of the exceptions created in
some jurisdictions?
58. Should government information be “leaked” to the press? Why or why not? Do you agree that most of the
business of government involves issues of security, making outside inspection a high risk? Defend your answer.
59. Should there be a universal acceptance of a parent-child privilege? Why or why not?
60. Describe the 1970 California Supreme Court decision that defines “general knowledge” in reference to
judicial notice.
61. List the common examples of the use of judicial notice to prove matters of general knowledge:
62. Why is the attorney-client privilege essential to the proper functioning of our judicial process?
