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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.
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.
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.
Testimony is a solemn attestation as to the truth of a matter.
Traditionally an oath 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.
Voir dire is a legal term for procedures during a trial that help a judge decide certain issues:
The Canadian Oath of Allegiance is a promise or declaration of fealty to the Canadian monarch—as personification of the Canadian state and its authority, rather than as an individual person—taken, along with other specific oaths of office, by new occupants of various federal and provincial government offices; members of federal, provincial, and municipal police forces; members of the Canadian Armed Forces; and, in some provinces, all lawyers upon admission to the bar. The Oath of Allegiance also makes up the first portion of the Oath of Citizenship, the taking of which is a requirement of obtaining Canadian nationality.
An oath of citizenship is an oath taken by immigrants that officially naturalizes immigrants into citizens. It is often the final step in this process, and is usually done in a ceremonial capacity. An oath of citizenship is designed to be a statement of patriotism and loyalty to the new country. In countries which retain a monarchical system of government, an oath of allegiance to the monarch is often required as well. Adding an oath to God to the end of an oath is usually optional.
Testimony to integrity and truth refers to the way many members of the Religious Society of Friends (Quakers) testify or bear witness to their belief that one should live a life that is true to God, true to oneself, and true to others. To Friends, the concept of integrity includes personal wholeness and consistency as well as honesty and fair dealings. From personal and inward integrity flow the outward signs of integrity, which include honesty and fairness. It is not only about telling the truth but also about applying ultimate truth to each situation. For example, Friends (Quakers) believe that integrity requires avoiding statements that are technically true but misleading.
The Oath of Allegiance 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.
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.
In Australia, an Oath of Allegiance or an Affirmation of Allegiance are oaths of allegiance required to be made to the monarch of Australia in some situations. Oaths of Allegiance are usually made on a Bible, or some other book holy to the person, such as a Torah or Koran; but the person may opt to make an affirmation in lieu of an oath. Note that this oath is not the same as the Australian Citizenship Pledge which is required to be made when being naturalised as an Australian citizen.
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.
"So help me God" is a phrase often used to give an oath, sometimes optionally as part of an oath of office. It is used in some jurisdictions as an oath for performing a public duty, such as an appearance in court. The phrase implies greater care than usual in the truthfulness of one's testimony or in the performance of one's duty.
"Thou shalt not take the name of the LORD thy God in vain" is the second or third of God's Ten Commandments to man in Judaism and Christianity.
A juror's oath is used to swear in jurors at the beginning of jury selection or trial.
Trial by jury in Scotland is used in the courts of Scotland in solemn procedure for trial on indictment before a judge and jury for serious criminal cases, and in certain civil cases.
Perjury is the name of an offence under the Criminal Code. The offence of false evidence under the Penal Code is equivalent.
The Oaths Act 1978 is an Act of the Parliament of the United Kingdom.
Member of Parliament is a term typically used to describe an elected politician in the House of Commons of Canada, the lower chamber of the bicameral Parliament of Canada.
References
- ↑ Canada Evidence Act (R.S.C., 1985, c. C-5), s. 14
- ↑ The Oaths Act, 1969, Form 1; Law Commission of India, Twenty-Eighth Report (May 1965)
- ↑ Criminal Procedure Act 51 of 1977, s. 162.
- ↑ Criminal Procedure Act 51 of 1977, s. 163.
- ↑ Oaths Act (1978 c.19), s. 1
- 1 2 3 Resolution of the judges of the King's Bench Division on 11 January 1927
- ↑ Oaths Act (1978 c.19), s. 6
- ↑ Children and Young Persons Act (1963 c.37), s. 28
- ↑ "Children and young witnesses" . Retrieved 2017-06-22.
- ↑ Act of Adjournal (Criminal Procedure Rules) 1996 (SI 1996/513), Form 14.5-A
- ↑ Act of Adjournal (Criminal Procedure Rules) 1996 (SI 1996/513), Form 14.5-B
- ↑ North Dakota Supreme Court Rules, Rule 6.10
- ↑ Brendan Koerner: Where did we get our oath? (30 April 2004)
- ↑ 989 F.2d 1015