Federal Law Imports Every State 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
19251_state_park_detention · EVIDENCE · Choice BSustain the objection, because state privilege law governs any communication made to a physician inside that state.
Why it's attractive
Points the source-law test at the geographic location of the treatment. The location of the encounter does not change the source of privilege law on a federal-question claim — FRE 501 routes to federal common law.
Why it's wrong
Points the source-law test at the geographic location of the treatment. The location of the encounter does not change the source of privilege law on a federal-question claim — FRE 501 routes to federal common law.
19251_state_park_detention · EVIDENCE · Choice CSustain the objection, because federal privilege law incorporates state medical privileges in every federal-question case.
Why it's attractive
Invents a rule that federal law 'incorporates' every state medical privilege. FRE 501 does not do this; it routes to federal common law of privilege, and federal common law does not recognize a general physician-patient privilege.
Why it's wrong
Invents a rule that federal law 'incorporates' every state medical privilege. FRE 501 does not do this; it routes to federal common law of privilege, and federal common law does not recognize a general physician-patient privilege.
19251_state_park_detention · EVIDENCE · Choice DOverrule the objection because state law governs, but physician-patient privilege is treated only as a rule of professional confidentiality.
Why it's attractive
Reaches the right result (overrule) via the wrong doctrinal route. The source-law gate goes to federal, not state. The 'professional ethics' framing is a different rule from the one that actually controls.
Why it's wrong
Reaches the right result (overrule) via the wrong doctrinal route. The source-law gate goes to federal, not state. The 'professional ethics' framing is a different rule from the one that actually controls.
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