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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 priv ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of The United States
The law of the United States comprises many levels of Codification (law), codified and uncodified forms of law, of which the supreme law is the nation's Constitution of the United States, Constitution, which prescribes the foundation of the federal government of the United States, federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Act of Congress, Acts of Congress, treaty, treaties ratified by the United States Senate, Senate, regulations promulgated by the executive branch, and case law originating from the United States federal courts, federal judiciary. The United States Code is the official compilation and Codification (law), codification of general and permanent federal statutory law. The Constitution provides that it, as well as federal laws and treaties that are made pursuant to it, preempt conflicting state and territorial laws in the 50 U.S. states and in the territor ... [...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 sho ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute
A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed will of a legislative body, whether that be on the behalf of a country, state or province, county, municipality, or so on. Depending on the legal system, a statute may also be referred to as an "act." Etymology The word appears in use in English as early as the 14th century. "Statute" and earlier English spellings were derived from the Old French words ''statut'', ''estatut'', ''estatu,'' meaning "(royal) promulgation, (legal) statute." These terms were in turn derived from the Late Latin ''statutum,'' meaning "a law, decree." 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, whi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
De Witt Clinton
DeWitt Clinton (March 2, 1769February 11, 1828) was an American politician and Naturalism (philosophy), naturalist. He served as a United States Senate, United States senator, as the mayor of New York City, and as the sixth governor of New York. In the last capacity, he was largely responsible for the construction of the Erie Canal. Clinton was a major candidate for the American presidency in the 1812 United States Presidential Election, election of 1812, challenging incumbent James Madison. A nephew of two-term U.S. vice president and New York governor George Clinton (vice president), George Clinton, DeWitt Clinton was his uncle's secretary before launching his own political career. As a Democratic-Republican Party, Democratic-Republican, Clinton won election to the New York State legislature, 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 go ... [...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 Archdiocese 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 Inst ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Sampson (attorney)
William Sampson (26 January 1764 – 28 December 1836) was a lawyer and jurist who in his native Ireland, and in later American exile, identified with the cause of democratic reform. In the 1790s, in Belfast and Dublin he associated with United Irishmen, defending them in Crown prosecutions, contributing to their press and, according to government informants, participating on the eve of rebellion in their inner councils. In New York, from 1806 he won renown as a trial lawyer representing the abolitionist Manumission Society and disputing race as a legal disability; challenging the conspiracy charges against organised labor; and, in the name of religious liberty, establishing Catholic auricular confession as privileged. Maintaining that the tradition of common law denied citizens equal access to the law, and was a systematic source of injustice, Sampson pioneered the American codification movement. Early life Sampson was born in Derry, in the Kingdom of Ireland, to Mary Spa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Massachusetts
Massachusetts ( ; ), officially the Commonwealth of Massachusetts, is a U.S. state, state in the New England region of the Northeastern United States. It borders the Atlantic Ocean and the Gulf of Maine to its east, Connecticut and Rhode Island to its south, New Hampshire and Vermont to its north, and New York (state), New York to its west. Massachusetts is the List of U.S. states and territories by area, sixth-smallest state by land area. With a 2024 U.S. Census Bureau-estimated population of 7,136,171, its highest estimated count ever, Massachusetts is the most populous state in New England, the List of U.S. states and territories by population, 16th-most-populous in the United States, and the List of states and territories of the United States by population density, third-most densely populated U.S. state, after New Jersey and Rhode Island. Massachusetts was a site of early British colonization of the Americas, English colonization. The Plymouth Colony was founded in 16 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Children's Bureau
The United States Children's Bureau is a federal agency founded in 1912, 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 [the Department of Commerce and Labor] upon 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, child labor, 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 i ... [...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.Nat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute
A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed will of a legislative body, whether that be on the behalf of a country, state or province, county, municipality, or so on. Depending on the legal system, a statute may also be referred to as an "act." Etymology The word appears in use in English as early as the 14th century. "Statute" and earlier English spellings were derived from the Old French words ''statut'', ''estatut'', ''estatu,'' meaning "(royal) promulgation, (legal) statute." These terms were in turn derived from the Late Latin ''statutum,'' meaning "a law, decree." 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, whi ... [...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 agains ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
