Civil Fifth Adverse Inference
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Evidence1
Example wrong choices
14855_psalm_stage_report · EVIDENCE · Choice ANo, because a jury may not draw an adverse inference from a party's invocation of a valid privilege.
Why it's attractive
The choice turns privilege into an absolute no-consequence rule in a civil case.
Why it's wrong
The choice turns privilege into an absolute no-consequence rule in a civil case.
14855_psalm_stage_report · EVIDENCE · Choice CNo, because an incident report prepared in anticipation of litigation is protected from discovery.
Why it's attractive
The choice answers a production/protection question and overstates work-product protection.
Why it's wrong
The choice answers a production/protection question and overstates work-product protection.
14855_psalm_stage_report · EVIDENCE · Choice DYes, because a party in a civil action may not invoke the privilege against self-incrimination.
Why it's attractive
The yes answer is tempting, but its reason deletes a privilege that can exist in civil court.
Why it's wrong
The yes answer is tempting, but its reason deletes a privilege that can exist in civil court.
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