Dictionary of Law
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privileged communication :: legal definition


Privileged communication - n. statements and conversations made under circumstances of assured confidentiality which must not be disclosed in court. These include communications between husband and wife, attorney and client, physician or therapist and patient, and minister or priest with anyone seeing them in their religious status. In some states the privilege is extended to reporters and informants. Thus, such people cannot be forced to testify or reveal the conversations to law enforcement or courts, even under threat of contempt of court, and if one should break the confidentiality he/she can be sued by the person who had confidence in him/her. The reason for the privilege is to allow people to speak with candor to spouse or professional counsellor, even though it may hinder a criminal prosecution. The extreme case is when a priest hears an admission of murder or other serious crime in the confessional and can do nothing about it. The privilege may be lost if the one who made the admission waives the privilege, or, in the case of an attorney, if the client sues the attorney claiming negligence in conduct of the case.

See also: attorney-client privilege and Related Law Terms ↓


Related Law Terms

abortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.
acceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: service
adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements.
administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate
admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance
approach the bench :: v. an attorney's movement from the counsel table t ... ake a recess to go to the restroom.
arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity
Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General
attorney of record :: n. the attorney who has appeared in court and/or s ... eve have long since been completed.
attorney-client privilege :: n. the requirement that an attorney may not reveal ... ivileged communication work product
attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case.
attorney's work product :: n. written materials, charts, notes of conversatio ... ivileged communication work product
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney
bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent
calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases.
caption :: n. the first section of any written legal pleading ... to the exact format of the caption.
case :: n. short for a cause of action, lawsuit, or the ri ... ny, the court stated the rule as:."
case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent
case system :: n. the method of studying law generally used in Am ... Langdell and soon became standard.
certiorari :: n. (sersh-oh-rare-ee) a writ (order) of a higher c ... cedents (previously decided cases).
Chief Justice :: n. the presiding judge of any State Supreme Court ... nks of existing Associate Justices.
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite
class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval.
clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales.
comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply.
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
confidential communication :: n. certain written communications which can be kep ... privilege privileged communication
conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian
constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights
contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical.
continuing objection :: n. an objection to certain questions or testimony ... ional distress. See also: objection
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party
criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery
disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude
docket :: 1) n. the cases on a court calendar. 2) n. brief n ... r or make notes on action in court.
equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
executive privilege :: n. a claim by the President or another high offici ... the Watergate scandal (1973-1974).
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement
gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993.
general appearance :: n. an attorney's representation of a client in cou ... case. See also: special appearance
Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing
guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward
habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction.
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney."
indigent :: 1) n. a person so poor and needy that he/she canno ... person who is very poor and needy.
information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
insolvency :: n. 1) the condition of having more debts (liabilit ... the property. See also: bankruptcy
irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection
joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court
juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent
law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute
lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order.
living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney
long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause
long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant.
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
nolle prosequi :: (no-lay pro-say-kwee) n. Latin for "we shall no lo ... nocent and declared nolle prosequi.
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection
objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain
officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge
on all fours :: adj. a reference to a lawsuit in which all the leg ... ame conclusion. See also: precedent
paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader
palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony
petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ
physician-patient privilege :: n. the right and obligation of a physician to refu ... onfidential communication privilege
power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction.
precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis
privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights.
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor
prosecution :: n. 1) in criminal law, the government attorney cha ... se). See also: prosecute prosecutor
remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand
retainer :: n. the advance payment to an attorney for services ... e stuck with extensive unpaid fees.
reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss.
review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error
ripe :: adj. in constitutional law, referring to a law cas ... or more issues raised by the case.
rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle
shield laws :: n. statutes enacted in some states which declare t ... See also: privileged communication
small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court.
special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance
special prosecutor :: n. an attorney from outside of the government sele ... Robert Bork finally discharged Cox.
status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
supra :: (sooh-prah) Latin for "above," in legal briefs and ... d as Guinn v. United States, supra.
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
work product :: n. the writings, notes, memoranda, reports on conv ... ies to be employed by the attorney.

Popular Law Searches

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Other Law Terms - P

paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader
pain and suffering :: n. the physical and mental distress suffered from ... l damages special damages suffering
palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony
pander :: 1) v. to solicit customers for a prostitute. 2) n. ... ons or favors. See also: prostitute
panderer :: n. 1) a person who panders or solicits for a prost ... special interests. See also: pander
panel :: n. the list of people selected to appear for jury ... or jury duty. See also: jury venire
paper hanger :: n. slang for a person who criminally writes and ca ... ey in them. See also: forgery fraud
par :: n. 1) an equal level. 2) the face value of a stock ... common stock preferred stock stock
paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys.
paramount title :: n. a right to real property which prevails over an ... n's claim of title. See also: title
parcel :: n. a defined piece of real estate, usually resulti ... See also: real estate real property
pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve
parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward
parent :: n. the lawful and natural father or mother of a pe ... natural parent. See also: adoption
parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person.
pari delicto :: adj. equal fault. See also: in pari delicto ... al fault. See also: in pari delicto
parish :: n. 1) a geographic area served by a church (partic ... overnmental equivalent of a county.
parody :: n. the humorous use of an existing song, play, or ... l significance. See also: copyright
parol :: adj. oral. See also: parol evidence rule ... oral. See also: parol evidence rule
parol evidence rule :: n. if there is evidence in writing (such as a sign ... or contradict the written document.