Privilege -Criminal

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Questions and Answers

What is the main purpose of litigation privilege according to the content?

To allow unrestricted access to witness identities for all parties.

To provide immunity from legal accountability in civil matters.

To protect all communications made during legal proceedings.

To safeguard legal advice aimed at avoiding litigation. (correct)

Which of the following statements correctly describes documents covered by litigation privilege?

It covers any document prepared by the party during litigation.

It excludes documents created for purposes other than seeking legal advice. (correct)

It protects all correspondence, regardless of the party involved.

It applies only to original documents, not copies or translations.

What distinguishes adversarial litigation from investigatory litigation in the context of privilege?

Privileged communications only arise in adversarial contexts.

Adversarial proceedings focus on defense or resistance, while investigatory does not. (correct)

Investigation-related communications receive broader privilege protections.

Adversarial litigation involves more than one party, while investigatory is unilateral.

Under what condition does privilege attach to a copy of an unprivileged document?

If the copy was made specifically for the purpose of litigation. Signup and view all the answers

What aspect of witness identities does litigation privilege protect?

The identities of witnesses until they are called to testify. Signup and view all the answers

Which of the following reflects a common misconception about the scope of litigation privilege?

All documents created during a litigation process are covered. Signup and view all the answers

What is a potential exception to the application of litigation privilege?

If subordinate legislation explicitly states the intent to intrude upon privilege. Signup and view all the answers

What is the primary right associated with litigation privilege?

The right to protection against unauthorized disclosure of legal advice. Signup and view all the answers

When is litigation privilege engaged?

When litigation is in reasonable contemplation. Signup and view all the answers

Which of the following communications would typically not be covered by legal advice privilege?

Conversations with employees authorized to speak to the solicitor. Signup and view all the answers

What type of litigation does the privilege not apply to?

Investigative or inquisitorial litigation. Signup and view all the answers

Which of the following documents is covered by litigation privilege?

Documents containing information that cannot be disentangled from privileged advice. Signup and view all the answers

Which statement regarding the scope of internal communications is correct?

Internal communications falling outside the defined scope are not privileged. Signup and view all the answers

What is meant by the 'dominant purpose' in relation to litigation privilege?

The main goal of conducting litigation and related activities. Signup and view all the answers

In which scenario would a position statement created for mediation not be considered protected by privilege?

If it is aimed at a prospective adversary. Signup and view all the answers

Which of the following is not a characteristic of communications covered by litigation privilege?

They are exempt from scrutiny by the court in all circumstances. Signup and view all the answers

What defines the scope of litigation privilege in a legal context?

Communications with the dominant purpose of obtaining or giving legal advice related to potential litigation. Signup and view all the answers

Which of the following items is NOT covered under legal advice privilege?

Publicly available legal statutes. Signup and view all the answers

What is the evidential burden in establishing a claim of privilege?

The party claiming privilege must provide specific evidence showing the document's purpose. Signup and view all the answers

In the context of litigation privilege, which communication is considered privileged?

Communications made to advise on matters anticipated to lead to litigation. Signup and view all the answers

Which of the following accurately describes the relationship between litigation privilege and third parties?

Communications aimed at enabling legal advice regarding litigation involving a third party may be privileged. Signup and view all the answers

Which scenario may NOT fall under the protections of litigation privilege?

Client discussions regarding the merits of a case that are purely hypothetical. Signup and view all the answers

What must a court consider when evaluating a claim of privilege?

Specific evidence showing the purpose of creation and context of the documents. Signup and view all the answers

Which of the following accurately reflects exceptions to litigation privilege?

Communications not relating to direct litigation advies may not be privileged. Signup and view all the answers

Which statement accurately reflects the privilege against self-incrimination in relation to spouses?

A spouse cannot claim privilege against the incrimination of their husband if they choose to testify. Signup and view all the answers

What is the impact of the Convention on the application of self-incrimination privileges in different jurisdictions?

It assures that any applicant will not suffer a flagrant denial of justice. Signup and view all the answers

Which type of communication is protected under legal professional privilege?

Confidential communications between a client and their legal adviser. Signup and view all the answers

In what scenario can an agent or trustee claim privilege in a legal action?

In actions brought against them by a party for breach of duty. Signup and view all the answers

What limitation exists in regards to the privilege of self-incrimination when it comes to strangers?

There is no privilege against self-incrimination that involves strangers. Signup and view all the answers

Which factor does not affect the validity of legal professional privilege?

Whether the communication involves criminal activities. Signup and view all the answers

What constitutes a statutory exception to the legal professional privilege?

Client directives that waive privilege voluntarily. Signup and view all the answers

In adversarial versus investigatory litigation, what is a key difference relating to the privilege?

Investigatory litigation often requires full disclosure despite privilege claims. Signup and view all the answers

Which principle allows a person entitled to privilege to refuse to disclose certain information during a trial?

The privilege against self-incrimination Signup and view all the answers

What happens if a person entitled to claim privilege fails to do so?

No objection can be made by others regarding the privilege Signup and view all the answers

What cannot be drawn against a party claiming privilege according to established principles?

Adverse inferences Signup and view all the answers

In the context of privilege, what principle is applied regarding competing jurisdictions?

Privilege must be determined according to domestic law Signup and view all the answers

What type of evidence is a party allowed to use to prove a matter that another party claims privilege over?

Evidence from other witnesses who do not claim privilege Signup and view all the answers

In the Kinglake case, what was the outcome regarding the objection to the witness's evidence?

The witness could not object on his own behalf Signup and view all the answers

Which of the following is NOT a valid communication that can typically be protected under privilege?

Public statements made during a trial Signup and view all the answers

What is an exception to litigation privilege that allows information to be disclosed?

When it pertains to criminal activity Signup and view all the answers

Study Notes

Litigation Privilege Overview

Legal advice aimed at preventing or settling potential legal proceedings is protected under litigation privilege.
The privilege includes protection for the identity and details of witnesses intended to be called during litigation.
A party has a legitimate interest in safeguarding witness identities until a relevant stage in the litigation process.
Litigation privilege is a fundamental right, limited only by clear subordinate legislation.

Document Coverage

Documents created for instructing a lawyer or obtaining litigation-related advice are privileged.
Documents obtained for litigation purposes but not created for that purpose are not protected.
A copy or translation of an unprivileged document does not gain privilege just because it is created for litigation.
A privileged document can arise from a copy made specifically for litigation if the original wasn’t within a party's control when the copy was created.

Communication Limits

Communications directly to the Board of Directors retain privilege, bypassing designated officers or employees.
Legal advice privilege does not cover communications with employees who are not designated officers when investigating on behalf of a company.

Scope of Litigation Privilege

Engaged when litigation is considered reasonably likely.
Covers communications aimed at obtaining information or advice related to litigation.
Includes deciding on litigation pursuit or settling disputes.
Documents revealing or intertwined with privileged information are covered.
Does not extend to internal communications outside the defined privilege scope, and only applies in adversarial litigation.

Self-Incrimination Considerations

The privilege against self-incrimination pertains specifically to the individual claiming it, not their spouse.
A spouse who testifies may not invoke privilege on behalf of the accused.
Companies can claim privilege similar to individuals, but it does not cover self-incrimination of office holders.

Legal Professional Privilege Scope

A client may refuse to provide evidence or documents concerning confidential communications, constrained by the client's waiver.
The judge should not weigh the importance of evidence against a claim to privilege; privilege stands alone.
If a claim to privilege is waived, others cannot object to the absence of privilege.
Claims to privilege must be evaluated based on domestic law, not foreign jurisdiction rules.

General Principles in Privileged Relationships

Admissible evidence may be excluded based on self-incrimination or legal professional privilege.
A witness' privilege is solely theirs; other parties cannot benefit from it.
Evidence matters claimed under privilege may be proven by alternative evidence sources.
No adverse inferences can be drawn from a witness claiming privilege.

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Description

Explore the nuances of litigation privilege in both civil and criminal legal frameworks. This quiz will help you understand how legal advice is protected, including the identity of witnesses, in adversarial proceedings. Get ready to delve into legal concepts that safeguard parties involved in litigation.