Confidentiality Equals Privilege
This trap appears as a wrong-answer choice in 2 active questions. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Evidence2
Example wrong choices
14861_lydia_luxembourg_ledgers · EVIDENCE · Choice Anot privileged, provided the attorney knew of the conceded illegal purpose for which the advice was sought.
Why it's attractive
Correct result, but it adds a condition the final answer must not add.
Why it's wrong
Correct result, but it adds a condition the final answer must not add.
14861_lydia_luxembourg_ledgers · EVIDENCE · Choice Cprivileged, because the proposed storage would occur outside the jurisdiction of the United States.
Why it's attractive
It makes geography do privilege work.
Why it's wrong
It makes geography do privilege work.
14861_lydia_luxembourg_ledgers · EVIDENCE · Choice Dprivileged, because an attorney must keep client confidences.
Why it's attractive
It states the normal rule while omitting the exception-triggering facts.
Why it's wrong
It states the normal rule while omitting the exception-triggering facts.
22225_resurrection_run_ankle · EVIDENCE · Choice AYes, because the probative value of the statement is outweighed by the danger of unfair prejudice.
Why it's attractive
Nothing in the stem cues unusual unfair prejudice; the choice swaps in a balancing test.
Why it's wrong
Nothing in the stem cues unusual unfair prejudice; the choice swaps in a balancing test.
22225_resurrection_run_ankle · EVIDENCE · Choice CYes, because statements made to a physician are privileged.
Why it's attractive
The choice treats every statement to a doctor as privileged.
Why it's wrong
The choice treats every statement to a doctor as privileged.
22225_resurrection_run_ankle · EVIDENCE · Choice DYes, because the examination was conducted solely for the purpose of litigation.
Why it's attractive
The choice imports the doctor-for-testimony limit instead of following the present-pain lane.
Why it's wrong
The choice imports the doctor-for-testimony limit instead of following the present-pain lane.
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