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MMLU / A defendant has been charged with making a false statement to a federally…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

A defendant has been charged with making a false statement to a federally insured financial institution to secure a loan. At trial, the prosecutor calls the defendant's wife as a willing witness to testify that the defendant told her in confidence that he had misrepresented his assets on the loan application. The defendant objects to his wife's testimony. Should the testimony be admitted?

choices

  1. No, because even though the wife is a willing witness, the defendant has the right to exclude confidential marital communications in federal court.
  2. No, but only if the law of the state where the defendant and his wife reside recognizes a privilege for confidential marital communications.
  3. Yes, because in federal court the right not to testify belongs to the testifying spouse, and she is a willing witness.
  4. Yes, because while the adverse testimonial privilege is recognized in federal court, the marital communications privilege is not.

subject

professional_law

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Source and history

task_id
13015a2c-c201-5fbf-a4be-b8f0e610cff6
task_key
all--test--13015a2c-c201-5fbf-a4be-b8f0e610cff6
task_revision_id
1
config / split
all / test

Official source

initial import