Chapter8Students-Supp

Chapter8Students-Supp - Chapter 8 QUESTION FOR CLASSROOM...

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Chapter 8 Q UESTION FOR C LASSROOM D ISCUSSION S UPPLEMENT P AGE 133 Civil action for personal injuries brought under diversity jurisdiction in a California federal district court. Defendant offers into evidence the testimony of plaintiff’s son concerning statements plaintiff made about her personal injuries. Plaintiff objects, arguing that the statements were made in confidence and the court should recognize a privilege for parent-child confidential communications. There is no federal or California statute recognizing such a privilege. How should the court rule on the objection? Q UESTIONS FOR C LASSROOM D ISCUSSION S UPPLEMENT P AGE 142 1. Prosecution for murder. Prosecution calls defendant’s tax attorney who offers to testify defendant said to him, “I want you to look for some places for me to shelter my income. I am about to come into a lot of money since my parents are about to have an unfortunate fatal accident.” The attorney immediately called the police, who arrived at plaintiff’s home to find both his parents drowned in the swimming pool. Is defendant’s statement privileged under rejected Rule 503? Under the C.E.C? 2. [The following is based on question 4 from page 589 of the casebook.] Civil fraud action. Plaintiff alleges that over the course of several years, Defendant, a financial planner, engaged in a scheme to steal money from her clients. Prior to trial, one of Defendant’s former employees approaches Plaintiff and states that Defendant’s attorney, Attorney, was “helping Defendant cover up the scam for
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Chapter8Students-Supp - Chapter 8 QUESTION FOR CLASSROOM...

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