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MMLU-Pro / 1102 / A husband and his wife are involved in a contested divorce and child custody…

Problem

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question

A husband and his wife are involved in a contested divorce and child custody battle. Ignorant of the adversarial system, they both visited a family law attorney together for an initial consultation. The attorney advised them that he could not represent them both. The wife found another attorney. During the trial, the wife's attorney calls the wife to testify. She states that during the initial consultation she and her husband had with his attorney, she privately told the attorney, when her husband was taking a bathroom break, that her husband had a bad drinking problem, which was one of her major reasons for seeking a divorce and custody of the children. Upon objection by the husband's attorney, the wife's testimony should be

category

law

options

  1. admitted, because the spousal privilege is inapplicable, since the parties are living in separation.
  2. excluded, because the wife cannot testify about confidential information she shared with the husband's attorney.
  3. admitted, because the attorney-client privilege was waived when the wife shared information in the husband's absence.
  4. admitted, because the wife's testimony is considered direct evidence, not privileged communication.
  5. excluded, because the wife is incompetent to testify to marital communications because she is not the holder of the privilege.
  6. excluded, because the wife's testimony can be considered hearsay.
  7. admitted, because the information is crucial to the case and overrides any privilege.
  8. admitted, because the marital communication privilege is inapplicable in a lawsuit involving the parties.
  9. excluded, because confidential statements made during a joint consultation are privileged communications between clients and their attorneys.

src

ori_mmlu-professional_law

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Source and history

upstream_id / Original problem ID
1102
task_id
faac7215-dead-524e-a068-0ab6aee9f045
task_key
default--test--1102
task_revision_id
1
config / split
default / test

Official source

initial import