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An affidavit 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.
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.
Perjury 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.
In law, a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, either oral or written, of what they know or claim to know.
Police perjury, sometimes euphemistically called "testilying", is the act of a police officer knowingly giving false testimony. It is typically used in a criminal trial to "make the case" against defendants believed by the police to be guilty when irregularities during the suspects' arrest or search threaten to result in their acquittal. It also can be extended to encompass substantive misstatements of fact to convict those whom the police believe to be guilty, procedural misstatements to "justify" a search and seizure, or even the inclusion of statements to frame an innocent citizen. More generically, it has been said to be "[l]ying under oath, especially by a police officer, to help get a conviction."
Testimony is a solemn attestation as to the truth of a matter.
In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the professional services of a lawyer or attorney at law, barrister, solicitor, or civil law notary. However, there is a substantial amount of overlap between the practice of law and various other professions where clients are represented by agents. These professions include real estate, banking, accounting, and insurance. Moreover, a growing number of legal document assistants (LDAs) are offering services which have traditionally been offered only by lawyers and their employee paralegals. Many documents may now be created by computer-assisted drafting libraries, where the clients are asked a series of questions that are posed by the software in order to construct the legal documents. In addition, regulatory consulting firms also provide advisory services on regulatory compliance that were traditionally provided exclusively by law firms.
The Starr Report, officially the Referral from Independent Counsel Kenneth W. Starr in Conformity with the Requirement of Title 28, United States Code, Section 595(c), is a United States federal government report by Independent Counsel Ken Starr concerning his investigation of President Bill Clinton. Delivered to the United States Congress on September 9, 1998, the allegations in the report led to the impeachment of Bill Clinton and the five-year suspension of Clinton's law license.
Bill Clinton, the 42nd president of the United States, was impeached by the United States House of Representatives of the 105th United States Congress on December 19, 1998, for "high crimes and misdemeanors". The House adopted two articles of impeachment against Clinton, with the specific charges against Clinton being lying under oath and obstruction of justice. Two other articles had been considered but were rejected by the House vote.
In criminal law, self-incrimination is the act of making a statement that exposes oneself to an accusation of criminal liability or prosecution. Self-incrimination can occur either directly or indirectly: directly, by means of interrogation where information of a self-incriminatory nature is disclosed; or indirectly, when information of a self-incriminatory nature is disclosed voluntarily without pressure from another person.
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.
Howe and Hummel was a New York City law firm, celebrated in the latter half of the nineteenth century and principally renowned for its active involvement in the world of crime and corruption.
A sworn declaration 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.
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.
Bronston v. United States, 409 U.S. 352 (1973), is a seminal United States Supreme Court decision strictly construing the federal perjury statute. Chief Justice Warren Burger wrote for a unanimous Court that responses to questions made under oath that relayed truthful information in and of themselves but were intended to mislead or evade the examiner could not be prosecuted. Instead, the criminal-justice system had to rely on more carefully worded follow-up questions.
Good moral characters is an ideal state of a person's beliefs and values that is considered most beneficial to society.
Perjury is the name of an offence under the Criminal Code. The offence of false evidence under the Penal Code is equivalent.
The Perjury Act 1911 is an act of the Parliament of the United Kingdom. It creates the offence of perjury and a number of similar offences.
"Woodshedding", or shedding, is a term commonly used to describe the act of practicing some endeavor, usually in private, to improve one's proficiency in performing it. It is typically used by musicians to mean rehearsing a difficult passage repeatedly, until it can be performed flawlessly. The term is used metaphorically where "the woodshed" means any private place to practice without being heard by anyone else. This is based on the assumption that an actual woodshed would likely be in a remote location, away from the main house. The term is also used in other contexts.
United States v. Throckmorton is an 1878 decision of the U.S. Supreme Court on civil procedure, specifically res judicata, in cases heard at equity. A unanimous Court affirmed an appeal of a decision by the District Court for California upholding a Mexican-era land claim, holding that collateral estoppel bars untimely motions to set aside the verdict where the purportedly fraudulent evidence has already been considered and a decision reached. In the opinion it distinguished between that kind of fraud, which it called intrinsic, and extrinsic fraud, in which deceptive actions exterior to the proceeding prevented a party, or potential party, to the action from becoming aware of the possibility they could vindicate their rights in court.
References
- ↑ "Scots Legal Terms and Offences Libelled". Edinburgh: National Archives of Scotland. Archived from the original on 30 May 2012. Retrieved 19 May 2012.
- 1 2 3 Garner, Bryan A.; Black, Henry Campbell (1999). Subornation of Perjury; Suborn (7th ed.). St. Paul, Minnesota: West Publishing. p. 1440. ISBN 0-314-22864-0.
{{cite book}}:|work=ignored (help) - ↑ In re Rivas (1989) 49 Cal.3d 794, 263 California Reporter. 654, 781 P.2d 946
- ↑ California Business & Professions Code §6102(a)
- ↑ "Horse shedding" term, Quote it Completely! (1969) pp. 445–446.
- ↑ Edward Carter (2008). "Horse-shedding, Lecturing and Legal Ethics" (PDF). Illinois Institute of Technology, Chicago-Kent College of Law. Retrieved 4 June 2011.
- ↑ See Garner, B.A. Ed., Black's Law Dictionary 7th Ed., 1999, pp. 742, 1342, and 1598.