When do spousal privileges generally not apply?

Master the Evidence Bar Exam. Study with flashcards and multiple choice questions, each providing hints and explanations. Prepare confidently for your exam!

Spousal privileges, which protect certain communications between spouses from being disclosed in court, usually do not apply in cases where there is a conflict involving one spouse harming the other, such as in intra-family injury cases. The rationale behind this is to allow for the prosecution or civil redress of harm done within the family, prioritizing the victim's rights and safety over the confidentiality of marital communications. This exception recognizes that the purpose of privilege should not shield harmful behavior, thus allowing victims to reveal necessary evidence to seek justice.

In contrast, health-related disputes, breach of contract cases, and substance abuse issues may still see the application of spousal privileges since they do not inherently involve one spouse against the other in a harmful situation. These contexts might relate more to communication confidentiality than to direct conflicts leading to personal injury or liability between spouses.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy