Question 45 options:

	will succeed in
	will not succeed in

Question 46(10 points)

Suppose Jane refuses to testify. She intends to invoke the privilege protecting confidential spousal communications to decline to testify.

Jane __________ invoking the privilege to decline to testify.

Question 46 options:

	will succeed in
	will not succeed in

Question 47(10 points)

Peter and Mary both worked in a Wall Street firm and fell in love with each other. Peter told Mary about the insider trading he had been engaged in. Later, Peter and Mary got married. Peter now is on trial for insider trading in a federal court. The prosecution wants Mary to testify as to what she knows about Peter's crime prior to the marriage.

Suppose Mary is willing to testify. Peter intends to invoke the privilege against adverse spousal testimony to prevent Mary from testifying.

Peter ___________ invoking this privilege to prevent Mary from testifying

Question 47 options:

	will succeed in
	will not succeed in

Question 48(10 points)

Suppose Mary refuses to testify. She intends to invoke the privilege against adverse spousal testimony to decline to testify.

Mary ____________ invoking this privilege to decline to testify.

Question 48 options:

	will succeed in
	will not succeed in

Question 49(10 points)

Harry and Wendy are husband and wife. Harry stole expensive rings from a jewelry shop. In the evening while inside the kitchen alone with Wendy, he told her about the stolen rings. Their conversation was overheard by Zelma. At Harry's trial, the prosecution calls Zelma to testify about the conversation she heard. Harry objects, claiming that the conversation is protected by spousal confidential communication privilege. The court should rule that Zelma _________ testify.

Question 49 options:

	can
	cannot

Question 50(10 points)

Stafford v. State: The defendant, with his wife and brother, robbed a restaurant and killed the restaurant owner and employees. At trial, the trial court allowed the defendant's wife to testify against him. The defendant argued that the trial court should not have permitted his wife to testify because his conversation with his wife was protected by spousal confidential communication privilege. The appellate court held that______________.

Question 50 options:

	the trial court should not have permitted the wife's testimony
	the trial court made no error in permitting the wife's testimony

Question 51(10 points)

After the robbery, the defendant and his wife had an argument in a parking lot of a motel. A guest of the motel overheard the conversation and the trial court allowed her to testify about what she heard. The defendant argued that the trial court should not have allowed the guest to testify. The appellate court held that _____________.

Question 51 options:

	the guest could testify about the conversation
	the guest could not testify about the conversation

Question 52(10 points)

The rationale of this privilege is to protect a particular marriage, namely the marriage of the defendant who is on trial for a crime. This is the rationale of which privilege?

Question 52 options:

	The privilege against adverse spousal testimony.
	The privilege protecting confidential spousal communications.
	Both a and b
	Neither a nor b

Question 53(10 points)

The defendant is convicted of assault. At the sentencing hearing, he maintains that he committed the crime because of his mental illness. The court calls the lawyer who represented him at trial to testify about his mental capacity. The lawyer is to testify that when discussing his case the defendant was responsive and logical, and was able to describe what happened in the case. The defendant objects to the testimony by citing the attorney-client privilege. The lawyer's testimony _________ in breach of the attorney-client privilege.

Question 53 options:

	would be
	would not be

Question 54(10 points)

Jay tells his attorney that he killed a police officer who was investigating his drug trafficking operation. Which one of the following is correct?

Question 54 options:

	Jay's attorney can reveal Jay's conversation with him to authorities.
	Jay's attorney cannot reveal Jay's conversation with him to authorities.

Question 55(10 points)

Kurt tells his attorney that he plans to kill Paul to prevent him from testifying against him at trial.

Which one of the following is correct?

Question 55 options:

	Kurt's attorney may reveal Kurt's plan to authorities; it would not be in breach of the attorney-client privilege.
	Kurt's attorney cannot reveal Kurt's plan to authorities; it would be in breach of the attorney-client privilege.

Question 56(10 points)

Jerry is charged with murder and he hires a lawyer to represent him. Jerry told his lawyer that he put the murder weapon in a safe in his friend's home. The prosecutor sends a letter to the lawyer, asking him to disclose the location of the murder weapon.

The lawyer ___________ invoke the attorney-client privilege to decline to give the information.

Question 56 options:

	can
	cannot