privilege

priv·i·lege n [Latin privilegium law affecting a specific person, special right, from privus private + leg- lex law]

1: a right, license, or exemption from duty or liability granted as a special benefit, advantage, or favor: as

a: an exemption from liability where an action is deemed to be justifiable (as in the case of self-defense) or because of the requirements of a position or office; also: the affirmative defense that an action is privileged compare excuse

absolute privilege: a privilege that exempts a person from liability esp. for defamation regardless of intent or motive; specif: a privilege that exempts high public officials (as legislators) from liability for statements made while acting in their official capacity without regard to intent or malice

qualified privilege: a privilege esp. in the law of defamation that may be defeated esp. by a showing of actual malice – called also conditional privilege;

b: an exemption from a requirement to disclose information (as for trial) that is granted because of a relationship or position that demands confidentiality

the attorney-client privilege

the doctor-patient privilege

the marital privilege

the priest-penitent privilege see also confidential communication

deliberative process privilege: a privilege exempting the government from disclosure (as in discovery) of government agency materials containing opinions, recommendations, and other communications that are part of the decision-making process within the agency

executive privilege: a privilege exempting the executive branch of government from disclosing communications if such disclosure would adversely affect the functions and decision-making process of that branch see also united states v. nixon in the important cases section

◇ Executive privilege is based on the separation of powers doctrine. In United States v. Nixon, the Supreme Court held that this privilege is not absolute and that without a claim of a need to protect military, diplomatic, or national security secrets, the need for evidence in a criminal trial will outweigh a general assertion of executive privilege.

informant's privilege: the privilege of the government to withhold the identity of an informant who has provided evidence for a criminal trial – called also informer's privilege;

jour·nal·ist's privilege: reporter's privilege in this entry

privilege against self–incrimination: a privilege under the Fifth Amendment to the U.S. Constitution protecting a person from compulsion to make self-incriminating statements

re·port·er's privilege: a privilege protecting a reporter from compulsion to reveal information acquired in the course of gathering news – called also journalist's privilege;

c: something specially permitted or granted as a matter of discretion that may be limited or taken away

right to...mooring permit is not necessarily created because discretionary state privilege was generously granted in [the] past — National Law Journal compare right

d in the civil law of Louisiana: a right of a creditor conferred by the nature of a debt to have priority over the debtor's other creditors

2: any of various fundamental or specially sacred rights considered as particularly guaranteed to all persons by a constitution and esp. by the privileges and immunities clause of the U.S. Constitution