Spousal testimonial privilege in federal courts allows:

A Both spouses to prevent testimony

B The witness-spouse to choose whether to testify against the defendant-spouse in criminal cases

C Only the defendant to invoke

D The judge to decide

✓ Correct Answer: Option B

Federal rule (Trammel v. US): the witness-spouse holds the privilege and may choose to testify. Only applies during marriage; in some states the defendant-spouse holds it.

💡 Why is B) the correct answer?

The correct answer to the question "Spousal testimonial privilege in federal courts allows:" is Option B: The witness-spouse to choose whether to testify against the defendant-spouse in criminal cases.

The other options — A) Both spouses to prevent testimony, C) Only the defendant to invoke, D) The judge to decide — are incorrect for this BAR Exam Prep question. As explained above: Federal rule (Trammel v. US): the witness-spouse holds the privilege and may choose to testify. Only applies during marriage; in some states the defendant-spouse holds it.

📚 About This BAR Exam Prep Practice Question

This 3-level BAR Exam Prep question from the Evidence topic is part of BrainForge Quiz's free exam preparation library. Each question includes the correct answer and a detailed explanation to help you understand the underlying concept, not just memorize the answer.

How to use this page: Read the question above, consider all four options (A through D), then check the highlighted correct answer and explanation. For active timed practice, start a free BAR Exam Prep practice test or use flashcards for spaced repetition review.

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Spousal testimonial privilege in federal courts allows:

✓ Correct Answer: Option B

📚 About This BAR Exam Prep Practice Question

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