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Confessional Privilege (United States)
In United States law, confessional privilege is a rule of evidence that forbids the inquiry into the content or even existence of certain communications between clergy and church members. It grows out of the common law and statutory enactments which may vary between jurisdictions. Statute All fifty states, the District of Columbia, and the federal government have enacted statutory privileges providing that at least some communications between clergyman and parishioners are privileged. Common law Prior to the adoption of statutory protections, there was some protection under common law. *New York: In People v. Phillips (1 Southwest L. J., 90), in the year 1813, the Court of General Sessions in New York recognized the privilege as in a decision rendered by De Witt Clinton, recognized the privilege as applying to Rev. Anthony Kohlmann, S.J., who refused to reveal in court information received under the seal of confession. (Incidentally, the successful argument in favor of the pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of The United States
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary. The United States Code is the official compilation and codification of general and permanent federal statutory law. Federal law and treaties, so long as they are in accordance with the Constitution, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories. However, the scope of federal preemption is limited because the scope of federal power is not universal. In the dual sovereign system of American federalism (actually tripartite because of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rules Of Evidence
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction. The quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. Important rules that govern admissibility concern hearsay, authentication, relevance, privilege, witnesses, opinions, expert testimony, identification and rules of physical evidence. There are various standards of evidence, standards s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. ''Stare decisis'', the principle that cases should be decided according to consistent principled rules s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies. Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on date of enactment. A universal problem encountered by lawmakers throughout human history is how to organize published statutes. Such publicat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
De Witt Clinton
DeWitt Clinton (March 2, 1769February 11, 1828) was an American politician and naturalist. He served as a United States senator, as the mayor of New York City, and as the seventh governor of New York. In this last capacity, he was largely responsible for the construction of the Erie Canal. Clinton was a major candidate for the American presidency in the election of 1812, challenging incumbent James Madison. A nephew of two-term U.S. vice president and New York governor George Clinton, DeWitt Clinton served as his uncle's secretary before launching his own political career. As a Democratic-Republican, Clinton won election to the New York State legislature in 1798 before briefly serving as a U.S. Senator. Returning to New York, Clinton served three terms as the appointed Mayor of New York City and the lieutenant governor of New York State. In the 1812 presidential election, Clinton won support from the Federalists as well as from a group of Democratic-Republicans who were diss ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anthony Kohlmann
Anthony Kohlmann (born Anton; July 13, 1771 – April 11, 1836) was an Alsatian Catholic priest, missionary, theologian, and Jesuit educator. He played a decisive role in the early formation of the Diocese of New York, where he was the subject of a lawsuit that for the first time recognized the confessional privilege in the United States, and served as the president of Georgetown College from 1817 to 1820. Kohlmann joined the Society of the Sacred Heart and ministered throughout Europe before entering the Society of Jesus. He left for the United States in 1806, where he taught at Georgetown College and ministered to German-speaking congregations in the mid-Atlantic region. In 1808, he became the pastor of New York City's only Catholic church, and then was made the apostolic administrator and first vicar general of the newly created Diocese of New York. He established the diocese's first cathedral in 1809. Kohlmann also founded a school, the New York Literary Insti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Sampson (attorney)
William Sampson (26 January 1764 – 28 December 1836) was an Irish Protestant lawyer known for his defence of religious liberty in Ireland and America. Early life Sampson was born in Derry, Ireland to an affluent Anglican family. He attended Trinity College Dublin and studied law at Lincoln's Inn in London. In his twenties, he briefly visited an uncle in North Carolina. In 1790 he married Grace Clark; they had two sons, William and John, and a daughter, Catherine Anne. Admitted to the Irish Bar, Sampson became Junior Counsel to John Philpot Curran, and helped him provide legal defences for many members of the Society of United Irishmen. A member of the Church of Ireland, Sampson was disturbed by anti-Catholic violence and contributed writings to the Society's newspapers. He was arrested at the time of the Irish Rebellion of 1798, imprisoned, and compelled to leave Ireland for exile in Europe. Shipwrecked at Pwllheli (he spelt it "Pulhelly") in Wales, he made his way to exile ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Massachusetts
Massachusetts (Massachusett: ''Muhsachuweesut Massachusett_writing_systems.html" ;"title="nowiki/> məhswatʃəwiːsət.html" ;"title="Massachusett writing systems">məhswatʃəwiːsət">Massachusett writing systems">məhswatʃəwiːsət'' English: , ), officially the Commonwealth of Massachusetts, is the most populous state in the New England region of the Northeastern United States. It borders on the Atlantic Ocean and Gulf of Maine to the east, Connecticut and Rhode Island to the south, New Hampshire and Vermont to the north, and New York to the west. The state's capital and most populous city, as well as its cultural and financial center, is Boston. Massachusetts is also home to the urban core of Greater Boston, the largest metropolitan area in New England and a region profoundly influential upon American history, academia, and the research economy. Originally dependent on agriculture, fishing, and trade. Massachusetts was transformed into a manufacturing center during ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Children's Bureau
The United States Children's Bureau is a federal agency organized under the United States Department of Health and Human Services' Administration for Children and Families. Today, the bureau's operations involve improving child abuse prevention, foster care, and adoption. Historically, its work was much broader, as shown by the 1912 act which created and funded it: The said bureau shall investigate and report to he Department of Commerce and Laborupon all matters pertaining to the welfare of children and child life among all classes of our people, and shall especially investigate the questions of infant mortality, the birth-rate, orphanage, juvenile courts, desertion, dangerous occupations, accidents and diseases of children, employment, legislation affecting children in the several states and territories. During the height of its influence, the Bureau was directed, managed, and staffed almost entirely by women—a rarity for any federal agency in the early 20th century. It w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Child Welfare Information Gateway
The Child Welfare Information Gateway is the congressionally mandated and funded information service of the United States Children's Bureau, Administration for Children and Families, United States Department of Health and Human Services. It was established in 2006 to replace the National Clearinghouse on Child Abuse and Neglect Information and the National Adoption Information Clearinghouse. The Child Welfare Information Gateway covers child-welfare topics, including family-centered practice, child abuse and neglect, abuse and neglect prevention, child protection, family preservation and support, foster care, achieving and maintaining permanency, adoption, management of child welfare agencies and related topics such as child and family assessment, laws and policies, statistics and coincident family issues (e.g., domestic violence and substance abuse). Its website links to sources of print and electronic publications, websites, databases and online learning tools on these topics.Nation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies. Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on date of enactment. A universal problem encountered by lawmakers throughout human history is how to organize published statutes. Such publicat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Privilege (evidence)
In the law of evidence, a privilege is a rule of evidence that allows the holder of the privilege to refuse to disclose information or provide evidence about a certain subject or to bar such evidence from being disclosed or used in a judicial or other proceeding. There are many such privileges recognised by the judicial system, some stemming from the common law and others from statute law. Each privilege has its own rules, which often vary between jurisdictions. Types One well known privilege is the solicitor–client privilege, referred to as the attorney–client privilege in the United States and as the legal professional privilege in Australia. This protects confidential communications between a client and his or her legal adviser for the dominant purpose of legal advice. The rationale is that clients ought to be able to communicate freely with their lawyers, in order to facilitate the proper functioning of the legal system. Other common forms include privilege against ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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