Divorce Ends All Spousal Privilege
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
19379_hymn_candle_invoice_van · EVIDENCE · Choice AOverrule the objection because incriminating statements between spouses are never privileged in a criminal case.
Why it's attractive
A student may think incriminating criminal statements should always come in. The breaker is that incriminating content alone does not erase a valid confidential marital communication privilege.
Why it's wrong
The word never overclaims; incriminating content does not itself erase communications privilege.
Spot it next time
Ask whether any privilege route survives despite incriminating content.
19379_hymn_candle_invoice_van · EVIDENCE · Choice COverrule the objection because divorce ends every spousal privilege for statements made during the marriage.
Why it's attractive
A student may know divorce matters and overapply that fact to every spousal privilege. The breaker is the Gold Key distinction between testimonial privilege and confidential communications privilege.
Why it's wrong
The word every collapses two spousal privileges into one divorce rule.
Spot it next time
Separate testimonial privilege from confidential marital communications privilege.
19379_hymn_candle_invoice_van · EVIDENCE · Choice DSustain the objection under the adverse spousal testimonial privilege because Lydia is being asked to testify adversely against Timothy.
Why it's attractive
A student may stop at the correct surface result, sustain. The breaker is that the route is adverse testimonial privilege, and the divorce fact points away from that route.
Why it's wrong
It reaches sustain under the wrong privilege route.
Spot it next time
Between two sustain answers, choose the privilege route that matches the timing facts.
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