Legal Ethics Flashcards
7 cards from real CPE practice questions. Tap to flip, then mark Knew It or Still Learning โ missed cards come back until you master them.
Read the first 7 Legal Ethics flashcards as text
Which doctrine protects polygraph examiners from civil liability when they report findings in good faith to law enforcement?
Answer: Absolute privilege in judicial proceedings
Statements made in the course of judicial or quasi-judicial proceedings are protected by absolute privilege, shielding examiners who report findings honestly.
When a polygraph examiner is subpoenaed to testify about an examination, confidentiality obligations:
Answer: May be overridden by a valid court order
A valid court order or subpoena can compel disclosure of polygraph results even when examiner-client confidentiality exists.
An examiner who uses psychologically coercive tactics during a polygraph examination may be violating which constitutional protection?
Answer: The Fifth Amendment right against self-incrimination
Coercive tactics that compel self-incrimination may violate the Fifth Amendment, especially in government-administered examinations.
In states where polygraph results are inadmissible as evidence, an examiner's report may still be used ethically for:
Answer: Internal investigative purposes or to guide further investigation
Even when inadmissible in court, polygraph results can guide investigative decisions without being presented as direct evidence.
What ethical obligation does a polygraph examiner have when they discover a conflict of interest before conducting an examination?
Answer: Disclose the conflict and recuse themselves if necessary
Examiners must disclose conflicts of interest before beginning and withdraw from the examination if the conflict could compromise objectivity.
A polygraph examiner shares test results with a third party not authorized by the examinee. This most directly violates:
Answer: Confidentiality and privacy obligations under professional ethics codes
Unauthorized disclosure of polygraph results violates the examiner's duty of confidentiality owed to the examinee.
Under the EPPA, employers must provide examinees with written notice of polygraph testing at least how far in advance?
Answer: 72 hours
The EPPA requires employers to provide at least 48 hours advance written notice before administering a polygraph examination.