Evidence Flashcards

Under Texas law, the holder of the attorney-client privilege is:

Answer: The client, who may assert or waive the privilege

The attorney-client privilege belongs to the client, who is the holder and has sole authority to waive or assert it.

The spousal testimonial privilege in Texas permits a spouse to refuse to testify against the other spouse in:

Answer: Criminal proceedings only

The spousal testimonial privilege in Texas applies in criminal proceedings, allowing a witness-spouse to refuse to testify against the defendant-spouse.

Authentication of a document under TRE 901 requires:

Answer: Evidence sufficient to support a finding that the item is what the proponent claims

TRE 901 sets a low threshold — the proponent need only produce evidence sufficient to support a finding of genuineness.

Which of the following is self-authenticating under TRE 902?

Answer: An official publication of a state government agency

Official publications of government agencies are self-authenticating under TRE 902(5), requiring no extrinsic foundational evidence.

Under Texas law, which communication falls OUTSIDE the physician-patient privilege?

Answer: Records of a court-ordered psychiatric examination

Records from a court-ordered examination are not privileged because confidentiality is not the premise of such an examination.

The work product doctrine primarily protects:

Answer: Materials prepared by an attorney or representative in anticipation of litigation

The work product doctrine shields materials prepared by an attorney or their representative in anticipation of litigation or for trial preparation.

Under Texas law, waiver of the attorney-client privilege occurs when:

Answer: The client voluntarily discloses the communication to a third party outside the privilege

Voluntary disclosure of privileged communications to a third party outside the privilege relationship destroys confidentiality and waives the privilege.