Legal Privileges Overview

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Questions and Answers

Which type of privilege protects a party from self-incrimination?

Legal professional privilege
Privilege against self-incrimination (correct)
Written without prejudice
Marital privilege

A document written between spouses is protected by legal professional privilege.

False (B)

What type of privilege applies to documents written by an attorney to their client?

Legal professional privilege

A document written off made _____ is used to facilitate negotiations without admission of liability.

<p>without prejudice</p> Signup and view all the answers

Match the types of privilege with their descriptions:

<p>Privilege against self-incrimination = Protects against being forced to testify against oneself Marital privilege = Allows spouses to keep communications confidential in legal settings Legal professional privilege = Ensures attorney-client communications remain private Written without prejudice = Facilitates negotiations without affecting legal rights</p> Signup and view all the answers

Flashcards

Privilege Against Self-Incrimination

A legal doctrine protecting individuals from being forced to provide evidence that could incriminate them in a criminal offense. This privilege guards against self-incrimination.

Marital Privilege

A legal privilege that protects confidential communications between spouses, barring disclosure in court.

Without Prejudice Privilege

A type of legal privilege that prevents written communications made during a settlement negotiation from being used as evidence in court. These communications are made "without prejudice."

Legal Professional Privilege

A legal privilege that protects confidential communications between a client and their lawyer.

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Study Notes

Privileged Documents

Implicating a party in a criminal offence: Documents implicating a party in a crime are protected by the privilege against self-incrimination. This prevents the individual from being forced to provide evidence that could incriminate them.
Marital Privilege: Documents between spouses are protected by marital privilege. This privilege generally safeguards communications and documents within the marital relationship.
"Without Prejudice" Documents: Documents marked "without prejudice" are not admissible in court. This is a legal agreement that any communications made, designed to settle the matter, are not used as evidence if the matter doesn't settle.
Legal Professional Privilege: Documents created by an attorney for their client are protected by legal professional privilege; communications and documents between the attorney and their client are confidential in court. Communications or documents intended to help settle a situation would also be considered without prejudice.