Paralegal Advanced Competency Exam (PACE) Practice Exam

What does husband-wife privilege protect?

1. Communications between married persons from being disclosed in court

2. The right of one spouse to control property of the other

3. Married couples from being forced to testify against each other

4. All communications from ex-spouses

The correct answer is: Communications between married persons from being disclosed in court

Husband-wife privilege, often referred to as marital privilege or spousal privilege, specifically safeguards communications made between married individuals from being disclosed in court. This privilege is grounded in the belief that confidentiality in marriage is essential to fostering a trusting and open relationship; therefore, it ensures that one spouse cannot be compelled to reveal the private communications of the other during legal proceedings. This privilege typically applies to communications made in confidence during the course of the marriage, and it can be invoked in various legal contexts to protect those discussions from being used against either spouse. While the privilege may often be misconceived as applying to all types of interactions between spouses, it is explicitly concerned with the protection of confidential communications, thereby fostering the sanctity of the marital relationship. In contrast, the other options provided encompass broader or unrelated concepts. For instance, the right of one spouse to control the property of the other is typically addressed under different areas of law, such as property law or individual rights within marriage. Similarly, the notion of preventing spouses from testifying against each other encompasses elements of testimonial privileges but is not the same as protecting communications made between them. Lastly, communications from ex-spouses fall outside the scope of this privilege, as the protection applies only to those who are currently