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Simple English definitions for legal terms
Privilege
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A quick definition of Privilege:
Privilege: In the law, there are some things that people don't have to talk about in court. This is called "privilege." It means that certain information is private and can't be asked about or shared. This is because there are good reasons why the information should be kept secret. Some examples of privilege include not having to say things that might make you look guilty, not having to share secrets with your spouse, and not having to tell your lawyer everything you've done.
A more thorough explanation:
Definition: In the law of evidence, privilege refers to certain subject matters that are protected and cannot be inquired into in any way. This means that privileged information is not subject to disclosure or discovery and cannot be asked about in testimony. Privileges exist not because of a fear that information provided will be inaccurate, but because there are public policy reasons the information should not be disclosed.
- Privilege against self-incrimination: This privilege allows a person to refuse to answer questions that may incriminate them in a criminal case. For example, if a person is asked if they committed a crime and they believe that answering truthfully would lead to their arrest, they can refuse to answer based on this privilege.
- Spousal communications privilege: This privilege protects confidential communications between spouses from being disclosed in court. For example, if a husband tells his wife something in confidence, she cannot be forced to testify about it in court.
- Attorney-client privilege: This privilege protects confidential communications between an attorney and their client from being disclosed in court. For example, if a person tells their lawyer something in confidence, the lawyer cannot be forced to testify about it in court.
These examples illustrate how certain types of information are protected by law and cannot be used against a person in court. This is important because it allows people to be honest with their lawyers and spouses without fear of their words being used against them later.