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Evidence
Part of the law series
Types of evidence
Testimony
Documentary
Real (physical)
Digital
Exculpatory
Inculpatory
Demonstrative
Eyewitness identification
Genetic (DNA)
Lies
Consciousness of guilt
Relevance
Burden of proof
Laying a foundation
Materiality
Public policy exclusions
Spoliation
Character
Habit
Similar fact
Authentication
Chain of custody
Judicial notice
Best evidence rule
Self-authenticating document
Ancient document
Hague Evidence Convention
Witnesses
Competence
Privilege
Direct examination
Cross-examination
Redirect
Impeachment
Proffer agreement
Recorded recollection
Expert witness
Dead Man's Statute
Hearsay and exceptions
in English law
in United States law
Confessions
Business records
Excited utterance
Dying declaration
Party admission
Ancient document
Declaration against interest
Present sense impression
Res gestae
Learned treatise
Implied assertion
Other common law areas
Contract
Tort
Property
Wills, trusts and estates
Criminal law
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In the common law, spousal privilege (also called marital privilege or husband-wife privilege)[1] is a term used in the law of evidence to describe two separate privileges that apply to spouses: the spousal communications privilege and the spousal testimonial privilege.
Both types of privilege are based on the policy of encouraging spousal harmony and preventing spouses from condemning, or being condemned by, their spouses: the spousal communications privilege or confidences privilege is a form of privileged communication that protects the contents of confidential communications between spouses during their marriage from testimonial disclosure, while spousal testimonial privilege (also called spousal incompetency and spousal immunity) protects the individual holding the privilege from being called to testify in proceedings relating to their spouse. However, in some countries, the spousal privileges have their roots in the legal fiction that a husband and wife were one person.
^"Husband-wife privilege". Kentucky Legislative Research Commission. n.d. Archived from the original (PDF) on 29 October 2013. Retrieved 25 October 2013.
encouraging spousal harmony and preventing spouses from condemning, or being condemned by, their spouses: the spousal communications privilege or confidences...
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law that provides immunity for past crimes Spousalprivilege, also called spousal immunity, protects a spouse from testifying against the defendant Witness...
inheritance of property Spousalprivilege in court cases (the marital confidences privilege and the spousal testimonial privilege) For those divorced or...
testify under oath. In the deposition of February 2016, Cosby invoked spousalprivilege when asked whether Bill had been faithful to her. Cosby's support...
The Pauline privilege (Latin: privilegium Paulinum) is the allowance by the Roman Catholic Church of the dissolution of marriage of two persons not baptized...
computer with Weiner, according to officials, and the case may raise "spousalprivilege legal protections" for Abedin since the laptop belongs to her husband...
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forced retirement and being put on the sex offender registry. In "SpousalPrivilege", Rollins expresses the belief that domestic violence should be kept...
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can be compelled to testify against a spouse who violated the Act, in exception to the common law spousalprivilege rule. Holte v. United States, 236 U...
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then suggests they marry so their conversations will be protected by spousalprivilege. They marry the next day in a small courthouse ceremony. Howard feels...
a brief sexual liaison. Doug and Celia eventually plan to leave their spouses; Celia tells Dean, who demands a divorce, but Doug refuses to leave his...
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