Deliberative Process versus Other Laws
Other Privilege Potpourri
Making a Federal Case Out of It
Elements of Deliberative Process
Rhyme Time
Case Names
100

This law is fundamentally at odds with the privilege and generally requires state boards to conduct their meetings in public.

OML

100

Under CORA, both the confidential information and deliberative process exceptions analysis involves doing this with the interests of the discoverants and the government’s interest in confidentiality.

Balancing

100

In cases applying Federal law, evidence can be protected based on constitutional, common law, or statutory privilege, but only this kind of statute.

Federal

100

As opposed to purely factual information, this element reflects the give-and-take of the consultative process.

Deliberative

100

The sense that relates to the eyes and the side that moves first in chess

Sight White

200

Deliberative process is one of the statutory exceptions to this law that involves requests for governmental records.

CORA

200

Failing to produce a privilege log can result in doing this with all privileges applicable to the documents.

Waiving

200

Helpful for the analysis in federal court, the deliberative process privilege derives from here.

Common law

200

 Even after a final decision comes out, these materials relating to deliberation prior to the decision can be protected.

Predecisional

200

A pig’s quarters and a “fella”

Sty Guy

300

Disclosure of a “particular matter” when entering this for legal advice has been compared to disclosing the document on a privilege log.

Executive session

300

A fundamental part of asserting a privilege is identifying it in a privilege log, also known by this name, from the Federal case that first imposed the requirement.

Vaughn Index

300

Where the underlying voluminous information is part of the public record, when staff created these from the information, they could be protected by deliberative process.

Summaries

300

Once predecisional information (such as an investigation) is incorporated into this type of agency order, the interests in protecting it are diminished.

Final

300

Actor Vince in Wedding Crashers and a scam.

Vaughn Con

400

In following the rule that the specific overrides the general, these acts, covering a particular profession, can abrogate the deliberative process privilege.

Practice

400

As opposed to mental impressions, conclusions, opinions, or legal theories of an attorney, this type of information is discoverable even if contained in an attorney’s notes and the information is not otherwise available.

Factual

400

While federal law does not recognize a doctor patient privilege, they do recognize this other healthcare provider privilege.

Psychotherapist-patient

400

Deliberative process privilege serves to promote this type of discussion in governmental bodies (and is also a common men’s name).

Frank

400

What a sprinkler does and _____ of the American Revolution.

Waters Daughters

500

A statutory provision must meet this standard to abrogate a common law privilege.

Clear or necessary
500

While commonly thought to be a privilege, this doctrine shielding certain records and information created by counsel, is distinguishable from a privilege that belongs to any party.

Work-product doctrine

500

Under FOIA, the deliberative process privilege only applies to records for this many years.

25

500

The historical underpinning of deliberative process arises from a privilege granted to this branch of government.

Executive

500

County where Telluride is located and something you ring.

San Miguel Belle