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Incompetency
The inability to act as a witness. Today, there are few grounds for incompetency. For the most part, all persons are competent to be a witness.
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Witness Capacity
The elements of witness capacity are the ability to perceive, remember, narrate in an understandable manner, and sincerity.
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Qualifying To Be A Witness
To qualify to be a witness, a person must possess witness capacity: have knowledge of facts relevant to the case, be able to understand the obligation to tell the truth, and take the oath or affirmation that he/shee will testify truthfully.
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Witness Voir Dire
The process or hearing, usually conducted out of the presence of the jury, by which a judge decides the qualification of a witness to testify.
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Privileged Communication
Exchanges of confidential information between persons who are in a privileged relationship.
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Holder of a Privilege
That person who benefits from the privilege and who has the power to waive it.
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Hearing In Camera
A judge's consideration, privately, in chambers, of the validity of a claim; here, specifically, a claim that a privilege does or does not exist.
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Spousal Incapacity Privilege
The marital privilege that gives a spouse called to testify against his or her spouse the privilege to refuse to testify.
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Marital Communications Privilege
The rule that any communication between spouses, during the marriage, is privileged.
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Attorney
One who is authorized to practice law in a given state or nation.
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Client
One who goes to an attorney seeking professional services or advice.
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Patient
Any person who consults with a psychotherapist or physician for the purpose of the diagnosis or the treatment of a mental or emotional condition.
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Pscyhotherapist
A person who has been authorized to practice medicine and devotes a substantial portion of his/her time to the practice of pscyhiatry, or a person who is recognized by the laws of a particular jurisdiction as a certified pscyhologist. Some jurisdictions extend the definition to include social workers.
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Dangerous Patient Exception
An exception to psychotherapist-patient privilege, existing in most states, which provides that, if the psychotherapist has reasonable cause to believe that the patient is in such mental or emotional conditions as to be dangerous to himself/herself, or to another person or another's property, the disclosure of the communications is necessary to prevent the threatened danger.
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Clergy
Priests, ministers, religious practitioners, or similar functionaries who have been ordained by a religious denomination or organization.
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Communicant
One who seeks out the clergy in a religious capaicty for the purpose of securing spiritual advice.
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