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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 maximizi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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, * ... [...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] |
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. Etymology The words "testimony" and "testify" both derive from the Latin word ''testis'', referring to the notion of a disinterested third-party witness. Law In the law, testimony is a form of evidence that is obtained from a witness who makes a solemn statement or declaration of fact. Testimony may be oral or written, and it is usually made by oath or affirmation under penalty of perjury. To be admissible in court and for maximum reliability and validity, written testimony is usually witnessed by one or more persons who swear or affirm its authenticity, also under penalty of perjury. Unless a witness is testifying as an expert witness, testimony in the form of opinions or inferences is generally limited to those opinions or inferences that are rationally based on the perceptions of the witness and are helpful to a clear understanding of the witness' testimony. Legitimate expert witnesse ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cross-examine
In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination (in Ireland, the United Kingdom, Australia, Canada, South Africa, India and Pakistan known as examination-in-chief) and may be followed by a redirect (re-examination in Ireland, England, Scotland, Australia, Canada, South Africa, India, Hong Kong, and Pakistan). Redirect examination, performed by the attorney or pro se individual who performed the direct examination, clarifies the witness' testimony provided during cross-examination including any subject matter raised during cross-examination but not discussed during direct examination. Recross examination addresses the witness' testimony discussed in redirect by the opponent. Depending on the judge's discretion, opponents are allowed multiple opportunities to redirect and recross examine witnesses (may vary by jurisdiction). Variations by jurisdiction In the United States federal Courts, a cross-examini ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Reporter
A court reporter, court stenographer, or shorthand reporter is a person whose occupation is to capture the live testimony in proceedings using a stenographic machine, thereby transforming the proceedings into an official certified transcript by nature of their training, certification, and usually licensure. This can include courtroom hearings and trials, depositions and discoveries, sworn statements, and more. United States The court reporter in some states is a notary by virtue of their state licensing, and a notary public is authorized to administer oaths to witnesses and who certifies that their transcript of the proceedings is a verbatim account of what was said—unlike a court recorder, who only operates recording machinery and sends the audio files for transcription over the internet, or a voice writer, who uses voice-to-text software. Many states require a court reporter to hold a certification obtained through the National Court Reporters Association; some ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Clerk Of Court
A court clerk (British English: clerk to the court or clerk of the court ; American English: clerk of the court or clerk of court ) is an officer of the court whose responsibilities include maintaining records of a court, administer oaths to witnesses, jurors, and grand jurors as well as performing some quasi- secretarial duties. United Kingdom England and Wales In the magistrates' courts of England and Wales, where the bench will usually have no legal qualifications, the justices' clerk will be legally qualified. The magistrates decide on the facts at issue; the clerk advises them on the law relating to the case. Scotland Clerks of court can be found at every level of the Courts of Scotland, with a legally qualified clerk acting as legal adviser to justices of the peace in justice of the peace courts. In the sheriff courts the clerk is known as a sheriff clerk, and the sheriff clerks are responsible for the administration and running of all cases in the court. Clerks also ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Non Compos Mentis
''Non compos mentis'' is a Latin legal phrase that translates to "of unsound mind": ''nōn'' ("not") prefaces ''compos mentis'', meaning "having control of one's mind." This phrase was first used in thirteenth-century English law to describe people afflicted by madness, the loss of memory or ability to reason. Usage The status of ''non compos mentis'' applied to those who were not mad from birth, but became so later in life through no fault of their own. The property and interests of such a person could be committed to another party to conserve and administer them for the duration of their madness. Their criminal culpability was also limited except in cases of high treason. This contrasted with "natural fools" who were mad from birth and whose property interests passed to the crown, and habitual drunkards, who could claim no defense of madness. Prosecution of suicide ''Non compos mentis'' and '' felo de se'' (the Latin word for "self-murder") presented two different verdicts in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Affiant
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] |
Witness Impeachment
Witness impeachment, in the law of evidence of the United States, is the process of calling into question the credibility of an individual testifying in a trial. The Federal Rules of Evidence contain the rules governing impeachment in US federal courts. Parties that may impeach Under the common law of England, a party could not impeach its own witness unless one of four special circumstances was met. The Voucher Rule required the proponent of the witness to "vouch" for the truthfulness of the witness. Here are the special circumstances: #If the witness were an ''adverse party'' (such as the plaintiff calling the defendant to the stand, or vice versa). #If the witness were '' hostile'' (such as the witness refusing to co-operate). #If the witness were one that the party was required by law to call as a witness. #If the witness surprised the party who called him by giving damaging testimony against that party. The rule has been eliminated in many jurisdictions. Under the US Federa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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, * ... [...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] |
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