Multistate Bar Examination Practice Question

Which of the following is an accurate description of how the clergy-penitent privilege generally works in jurisdictions recognizing it?

  • It requires the clergy member to testify if subpoenaed, even if the communicant wanted the communication to remain private.

  • It applies if the clergy member discloses the communication to a third party voluntarily.

  • It protects confidential communications made to a member of the clergy in their professional capacity as a spiritual advisor.

  • It applies in criminal trials but does not extend to civil proceedings.

Multistate Bar Examination
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