Next Generation Bar Exam Quiz
7 questions · no time limit
0:00
EVIDENCE
Question 1 of 7
No time limit
Current
Answered
Flagged
Not seen
PASSAGE
Section 7(a) of the Columbia Evidence Code provides: 'In any civil action, the physician-patient or psychotherapist-patient privilege is waived to the extent that the patient's physical or mental condition is an element of a claim or defense.' Section 7(b) provides: 'A claim for damages for emotional distress or pain and suffering does not, by itself, place a physical or mental condition in issue for purposes of this section.'
Marisol was injured when a delivery van ran a red light and struck her car. She sued the driver and the delivery company. Count I alleges negligence and seeks damages for medical expenses, lost wages, and pain and suffering. Count II alleges intentional infliction of emotional distress and seeks damages for severe emotional distress. The defendants move to compel production of all of Marisol's psychotherapy records, including records from two years before and after the accident. Marisol asserts the psychotherapist-patient privilege.
How should the court rule on the motion to compel?
YOUR PROGRESS
7
QUESTIONS
Ready when you are
Answer in any order. Your progress shows here as you go.
QUESTIONS
KEYBOARD
Pick an answer ABCD
Next question ↵→
Previous ←
Flag for review F
Answers save as you go · flagged questions come back at the end