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Simple English definitions for legal terms

marital privilege

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A quick definition of marital privilege:

Marital privilege, also known as spousal privilege, is a legal rule that protects private conversations between married couples and prevents them from being used as evidence in court. There are two types of marital privilege: marital communications privilege and spousal testimonial privilege. Marital communications privilege means that conversations between spouses during their marriage are private and cannot be used in court. Spousal testimonial privilege means that a spouse cannot be forced to testify against their partner in a criminal case. However, there are exceptions to these privileges, such as if the communication is revealed to a third party or if one spouse is suing the other.

A more thorough explanation:

Marital privilege, also known as spousal privilege, is a legal concept that protects private spousal communications and prevents any testimony against a spouse from being used in court. There are two types of marital privileges: marital communications privilege and spousal testimonial privilege.

In both civil and criminal cases, communications made between spouses during the marriage are privileged if the communication is intended to be private and made in reliance on the sanctity of marriage. This privilege can be asserted even if the marriage is terminated because of divorce or the death of one spouse. In most jurisdictions, both spouses hold the privilege, and any party can assert it by refusing to testify about spousal privileged communications or by preventing the other party from doing so. However, some states rule that only communicating spouses can assert the privilege. The burden of proof is on the opposing party, who should prove that particular words and acts are not intended as private communication.

For example, if a husband and wife have a private conversation about their finances during their marriage, neither of them can be compelled to testify about that conversation in court if one of them is called as a witness.

In criminal cases, the spouse of a criminal defendant who is called as a witness by the prosecution may choose to testify but cannot be compelled to testify against his or her spouse about events that occurred before and during the marriage. While the privilege can be waived by the witness spouse, even if the defendant spouse objects. In a minority of jurisdictions, the defendant spouse holds the privilege to prevent the witness spouse from testifying, regardless of the witness spouse’s willingness.

For example, if a wife is called as a witness in a criminal trial against her husband, she cannot be forced to testify about any events that occurred during their marriage.

Marital privilege does not apply if the private communication is revealed to third parties, one spouse is suing the other, or when one spouse is charged with a crime against the other or their children. A judge must decide whether to recognize an exception to the marital privilege by giving judicial notice of legislative facts, which are policy facts related to legal reasoning and the lawmaking process.

For example, if a husband is charged with domestic violence against his wife, she can be compelled to testify against him in court.

marital misconduct | Marital Property

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yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
i've been away for a while what were the most recent waves? any this week?
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