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Affirmation In Law
In law, an affirmation is a solemn declaration allowed to those who conscientiously object to taking an oath. An affirmation has exactly the same legal effect as an oath but is usually taken to avoid the religious implications of an oath; it is thus legally binding but not considered a religious oath. Some religious adherents hold beliefs that allow them to make legally binding promises but forbid them to swear an oath before a deity. Additionally, an individual may decline making a religious oath due to their personal beliefs, or those of their audience. In some jurisdictions, an affirmation may be given only if such a reason is provided. United Kingdom A right to give an affirmation has existed in English law since the Quakers Act 1695 (An Act that the Solemne Affirmation & Declaration of the People called Quakers shall be accepted instead of an Oath in the usual Forme; 7 & 8 Will. 3 c. 34) was passed. The text of the affirmation was the following: "I A.B. do declare in the Pre ...
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Oath
Traditionally an oath (from Anglo-Saxon ', also called plight) is either a statement of fact or a promise taken by a sacrality as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to give an affirmation instead. Nowadays, even when there is no notion of sanctity involved, certain promises said out loud in ceremonial or juridical purpose are referred to as oaths. "To swear" is a verb used to describe the taking of an oath, to making a solemn vow. Etymology The word come from Anglo-Saxon ' judicial swearing, solemn appeal to deity in witness of truth or a promise," from Proto-Germanic '' *aiþaz'' (source also of Old Norse eiðr, Swedish ed, Old Saxon, Old Frisian eth, Middle Dutch eet, Dutch eed, German Eid, Gothic aiþs "oath"), from PIE *oi-to- "an oath" (source also of Old Irish oeth "oath"). Common to Celtic and Germanic, possibly a loan-word from one to the other, but the history is obscure and it may ultimately ...
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Article Six Of The United States Constitution
Article Six of the United States Constitution establishes the laws and treaties of the United States made in accordance with it as the supreme law of the land, forbids a religious test as a requirement for holding a governmental position, and holds the United States under the Constitution responsible for debts incurred by the United States under the Articles of Confederation. Text Clauses Debts The first clause of the Article provides that debts contracted prior to the adoption of the Constitution remain valid, as they were under the Articles of Confederation. Supremacy Clause two provides that the Constitution, federal laws made pursuant to it, and treaties made under its authority constitute the supreme law of the land. It provides that state courts are bound by the supreme law; in case of conflict between federal and state law, the federal law must be applied. Even state constitutions are subordinate to federal law. The Supreme Court under John Marshall ( the Mar ...
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English Legal Terminology
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Engli ...
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Oaths
Traditionally an oath (from Anglo-Saxon ', also called plight) is either a statement of fact or a promise taken by a sacrality as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to give an affirmation instead. Nowadays, even when there is no notion of sanctity involved, certain promises said out loud in ceremonial or juridical purpose are referred to as oaths. "To swear" is a verb used to describe the taking of an oath, to making a solemn vow. Etymology The word come from Anglo-Saxon ' judicial swearing, solemn appeal to deity in witness of truth or a promise," from Proto-Germanic '' *aiþaz'' (source also of Old Norse eiðr, Swedish ed, Old Saxon, Old Frisian eth, Middle Dutch eet, Dutch eed, German Eid, Gothic aiþs "oath"), from PIE *oi-to- "an oath" (source also of Old Irish oeth "oath"). Common to Celtic and Germanic, possibly a loan-word from one to the other, but the history is obscure and it may ultimately be ...
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Oath Of Office Of The President Of The United States
The oath of office of the president of the United States is the oath or affirmation that the president of the United States takes upon assuming office. The wording of the oath is specified in Article II, Section One, Clause 8, of the United States Constitution, and a new president must take it before exercising or carrying out any official powers or duties. This clause is one of three ''oath or affirmation'' clauses in the Constitution, but it is the only one that actually specifies the words that must be spoken. Article I, Section 3 requires Senators, when sitting to try impeachments, to be "on Oath or Affirmation." Article VI, Clause 3, similarly requires the persons specified therein to "be bound by oath or affirmation, to support this Constitution." The presidential oath requires much more than that general oath of allegiance and fidelity. This clause enjoins the new president to swear or affirm that he or she "will to the best of my ability, preserve, protect and defend ...
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Oath Of Allegiance (United Kingdom)
The Oath of Allegiance (Judicial or Official Oath) is a promise to be loyal to the British monarch, and his or her heirs and successors, sworn by certain public servants in the United Kingdom, and also by newly naturalised subjects in citizenship ceremonies. The current standard wording of the oath of allegiance is set out in the Promissory Oaths Act 1868. Variants of the basic oath of allegiance are also incorporated into a number of other oaths taken by certain individuals. Text The current standard oath of allegiance is set out from the Promissory Oaths Act 1868 in the following form: Under the Oaths Act 1888 (51 & 52 Vict. c.46), consolidated and repealed by the Oaths Act 1978, those who choose to may make a solemn affirmation instead of swearing an oath. Oaths of office, of allegiance, and judicial oath The Victorian promissory oaths of allegiances, are set out in the Promissory Oaths Act 1868 in the following form: *The original oath of allegiance as set out in the ...
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Oath
Traditionally an oath (from Anglo-Saxon ', also called plight) is either a statement of fact or a promise taken by a sacrality as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to give an affirmation instead. Nowadays, even when there is no notion of sanctity involved, certain promises said out loud in ceremonial or juridical purpose are referred to as oaths. "To swear" is a verb used to describe the taking of an oath, to making a solemn vow. Etymology The word come from Anglo-Saxon ' judicial swearing, solemn appeal to deity in witness of truth or a promise," from Proto-Germanic '' *aiþaz'' (source also of Old Norse eiðr, Swedish ed, Old Saxon, Old Frisian eth, Middle Dutch eet, Dutch eed, German Eid, Gothic aiþs "oath"), from PIE *oi-to- "an oath" (source also of Old Irish oeth "oath"). Common to Celtic and Germanic, possibly a loan-word from one to the other, but the history is obscure and it may ultimately ...
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Performativity
''Performativity'' is the concept that language can function as a form of social action and have the effect of change. The concept has multiple applications in diverse fields such as anthropology, social and cultural geography, economics, gender studies (social construction of gender), law, linguistics, performance studies, history, management studies and philosophy. The concept is first described by philosopher of language John L. Austin when he referred to a specific capacity: the capacity of speech and communication to act or to consummate an action. Austin differentiated this from constative language, which he defined as descriptive language that can be "evaluated as true or false". Common examples of performative language are making promises, betting, performing a wedding ceremony, an umpire calling a strike, or a judge pronouncing a verdict. Influenced by Austin, philosopher and gender theorist Judith Butler argued that gender is socially constructed through commonplace sp ...
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Franklin Pierce
Franklin Pierce (November 23, 1804October 8, 1869) was the 14th president of the United States, serving from 1853 to 1857. He was a northern Democrat who believed that the abolitionist movement was a fundamental threat to the nation's unity. He alienated anti-slavery groups by signing the Kansas–Nebraska Act and enforcing the Fugitive Slave Act. Conflict between North and South continued after Pierce's presidency, and, after Abraham Lincoln was elected president in 1860, Southern states seceded, resulting in the American Civil War. Pierce was born in New Hampshire. He served in the U.S. House of Representatives from 1833 until his election to the Senate, where he served from 1837 until his resignation in 1842. His private law practice was a success, and he was appointed New Hampshire's U.S. Attorney in 1845. He took part in the Mexican–American War as a brigadier general in the Army. Democrats saw him as a compromise candidate uniting Northern and Southern interests, ...
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Oath Of Office
An oath of office is an oath or affirmation a person takes before assuming the duties of an office, usually a position in government or within a religious body, although such oaths are sometimes required of officers of other organizations. Such oaths are often required by the laws of the state, religious body, or other organization before the person may actually exercise the powers of the office or organization. It may be administered at an inauguration, coronation, enthronement, or other ceremony connected with the taking up of office itself, or it may be administered privately. In some cases it may be administered privately and then repeated during a public ceremony. Some oaths of office are statements of allegiance and loyalty to a constitution or other legal text or to a person or office-holder (e.g., an oath to support the constitution of the state, or of loyalty to the king or queen) (see Oath of allegiance). Under the laws of a state, it may be considered treason or a ...
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Evidence (law)
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 sh ...
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Warrant (law)
A warrant is generally an order that serves as a specific type of authorization, that is, a writ issued by a competent officer, usually a judge or magistrate, that permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is performed. A warrant is usually issued by a court and is directed to a sheriff, a constable, or a police officer. Warrants normally issued by a court include search warrants, arrest warrants, and execution warrants. Types * Arrest warrant, issued by a judge to detain someone * Execution warrant, writ issued by a judge authorizing the death of someone * Possessory warrant, a civil writ issued by a judge ordering property delivered to a named person * Search warrant, a writ issued by a judge allowing law enforcement to look inside a property * Warrant of committal, issued by a judge ordering enforcement of a previous order against an uncooperative person or corporation ...
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