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Affidavit
An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or '' deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public or commissioner of oaths. An affidavit is a type of verified statement or showing, or in other words, it contains a verification, which means that it is made under oath on penalty of perjury, and this serves as evidence for its veracity and is required in court proceedings. Definition An affidavit is typically defined as a written declaration or statement that is sworn or affirmed before a person who has authority to administer an oath. There is no general defined form for an affidavit, although for some proceedings an affidavit must satisfy legal or statutory requirements in order to be considered. An affidavit may include, * a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justice Of The Peace
A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the same meaning. Depending on the jurisdiction, such justices dispense summary justice or merely deal with local administrative applications in common law jurisdictions. Justices of the peace are appointed or elected from the citizens of the jurisdiction in which they serve, and are (or were) usually not required to have any formal legal education in order to qualify for the office. Some jurisdictions have varying forms of training for JPs. History In 1195, Richard I ("the Lionheart") of England and his Minister Hubert Walter commissioned certain knights to preserve the peace in unruly areas. They were responsible to the King in ensuring that the law was upheld and preserving the " King's peace". Therefore, they were known as "keepers of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sworn Declaration
A sworn declaration (also called a ''sworn statement'' or a ''statement under penalty of perjury'') is a document that recites facts pertinent to a legal proceeding. It is very similar to an affidavit but is not witnessed and sealed by an official such as a notary public. Instead, the person making the declaration signs a separate endorsement paragraph at the end of the document, stating that the declaration is made under penalty of perjury. In legal proceedings, generally, facts that rely upon an individual's memory or knowledge are most reliably proven by having the person give testimony in court: he appears in person before a judge at a time and place known to other interested persons, swears that his testimony will be true, states his testimony so that all can hear it, and can be cross-examined by opposing parties. Generally, the written record of his testimony is taken down in written form by an official of the court, the court reporter. Such a procedure, although maximizing f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fishman Affidavit
The Fishman Affidavit is a set of court documents submitted by self-professed ex-Scientologist Steven Fishman in 1993 in the federal case, ''Church of Scientology International v. Fishman and Geertz'' (Case No. CV 91-6426 (HLH (Tx) United States District Court for the Central District of California). The affidavit contained criticisms of the Church of Scientology and substantial portions of the Operating Thetan auditing (Scientology), auditing and course materials. Church of Scientology International v. Fishman and Geertz The documents were brought as exhibits attached to a declaration by Steven Fishman on 9 April 1993 as part of ''Church of Scientology International v. Fishman and Geertz''. Along with Kendrick Moxon and Laurie Bartilson, Tim Bowles (attorney), Timothy Bowles was one of the lead attorneys for the Church of Scientology in the case. Fishman told the court that he had committed crimes on behalf of the Church. He also attested that he was assigned to murder his psychol ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurat (clause)
A jurat (short for Latin ', "it has been sworn", 3rd singular perfect passive of ', "to swear") is a clause at the foot of an affidavit showing when, where, and before whom the actual oath was sworn or affirmation was made. English and American law In English and American law, a jurat is that part of an affidavit An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or '' deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statemen ... which contains the names of the parties swearing the affidavit, the actual statement that an oath or affirmation has been made, the person before whom it was sworn, the date, place and other necessary particulars. The jurat is usually located on the bottom of a document. A typical form would be ''Sworn to before me this Day of Month, 20__,'' with the signature of the witness, often a notary public, the venue, and sometimes o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statutory Declaration
A statutory declaration is a legal document defined under the law of certain Commonwealth nations and in the United States. It is similar to a statement made under oath, but it is not sworn. Statutory declarations are commonly used to allow a person to declare something to be true for the purposes of satisfying some legal requirement or regulation when no other evidence is available. They are thus similar to affidavits, which, however, are made on oath. Depending on jurisdiction, statutory declarations can be used for: *Declarations of identity, nationality, marital status, etc. when documentary evidence is unavailable. *Declaring the intention to change one's name. *Affirming the provenance and nature of goods for export or import. *Statements of originality for patent applications. Australia Australian law defines a statutory declaration as a written statement declared to be true in the presence of an authorised witness. The ''Statutory Declarations Act 1959'' governs the use ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interrogatories
In law, interrogatories (also known as requests for further information) are a formal set of written questions propounded by one litigant and required to be answered by an adversary in order to clarify matters of fact and help to determine in advance what facts will be presented at any trial (law), trial in the case. Use Interrogatories are used to gain information from the other party relevant to the issues in a lawsuit. The law and issues will differ depending upon the facts of a case and the laws of the Jurisdiction#Law, jurisdiction in which a lawsuit is filed. For some types of cases there are standard sets of interrogatories available that cover the essential facts, and may be modified for the case in which they are used. When a lawsuit is filed, the pleadings filed by the parties are intended to let the other parties know what each side intends to prove at trial, and what legal case they have to answer. However, in most cases, the parties will require additional informatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hearsay In United States Law
Hearsay is testimony from a witness under oath who is reciting an out-of-court statement that is being offered to prove the truth of the matter asserted. The Federal Rules of Evidence prohibit introducing hearsay statements during applicable federal court proceedings, unless one of nearly thirty exemptions or exceptions applies. The Federal Rules of Evidence define hearsay as:A statement that: (1) the declarant does not make while testifying at the current trial or hearing; and (2) a party offers in evidence to prove the truth of the matter asserted in the statement. (F.R.E. 801(c)).The "declarant" is the person who makes the out-of-court statement. (F.R.E. 801(b)). The Federal Rules define a "statement" as "a person’s oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion." (F.R.E. 801(a)). The Supreme Court has further clarified that a "statement" refers to "a single declaration or remark, rather than a report or narrative." Thus, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 meruit, 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 Admissible evidence, admissibility concern hearsay, Authentication (law), authentication, Relevance (law), relevance, privilege (evidence), privilege, witnesses, opinions, Expert witness, expert tes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Perjury
Perjury (also known as foreswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding."Perjury The act or an instance of a person’s deliberately making material false or misleading statements while under oath. – Also termed false swearing; false oath; (archaically forswearing." Like most other crimes in the common law system, to be convicted of perjury one must have had the ''intention'' (''mens rea'') to commit the act and to have ''actually committed'' the act (''actus reus''). Further, statements that ''are facts'' cannot be considered perjury, even if they might arguably constitute an omission, and it is not perjury to lie about matters that are immaterial to the legal proceeding. Statements that entail an ''interpretation'' of fact are not perjury because people often draw inaccurate conclusions unwittingly or make honest mistakes without ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Declaration (law)
In law, a declaration is an authoritative establishment of fact. Declarations take various forms in different legal systems. Canon law In the canon law of the Catholic Church, a declaration of nullity, (commonly called an annulment and less commonly a decree of nullity) is authoritative judgment on the part of an ecclesiastical tribunal juridically establishing the fact that a marriage was invalidly contracted or, less frequently, a judgment juridically establishing the fact that an ordination was invalidly conferred. It does not dissolve a valid bond of marriage, but it is merely a factual declaration of the nullity of the bond. Common law In common law, a declaration ordinarily refers to a judgment of the court or an award of an arbitration tribunal that is a binding adjudication of the rights or other legal relations of the parties which does not provide for or order enforcement. Where the declaration is made by a court, it is usually referred to as a ''declaratory judgment'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Disbarment
Disbarment, also known as striking off, is the removal of a lawyer from a bar association or the practice of law, thus revoking their law license or admission to practice law. Disbarment is usually a punishment for unethical or criminal conduct but may also be imposed for incompetence or incapacity. Procedures vary depending on the law society; temporary disbarment may be referred to as suspension. Australia In Australia, states regulate the Legal Profession under state law, despite many participating in a uniform scheme. Admission as a lawyer is the business of the admissions board and the Supreme Court. Disciplinary proceedings may be commenced by the Bar Association or the Law Society of which one is a member, or the board itself. Germany In Germany, a ''Berufsverbot'' is a ban on practicing a profession, which the government can issue to a lawyer for misconduct, ''Volksverhetzung'' or for serious mismanagement of personal finances. In April 1933, the Nazi government issue ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
