Legal Definitions - ad vitandum perjurium

ad vitandum perjurium is a Latin legal phrase used in Scots law that translates to "for avoiding perjury."

This principle refers to actions, rules, or procedures put in place to prevent individuals from intentionally making false statements under oath or affirmation in a legal setting. The primary goal is to uphold the integrity of legal proceedings and ensure that evidence and testimony are truthful by minimizing opportunities or temptations for dishonesty.

Here are some examples illustrating this concept:

• Witness Sequestration: In a court trial, witnesses who are yet to testify are often kept separate from each other and from the courtroom proceedings. They are not allowed to hear the testimony of other witnesses.

  How it illustrates the term: This practice serves ad vitandum perjurium by preventing witnesses from coordinating their stories, being influenced by what others have said, or tailoring their own testimony to match or contradict previous statements. By ensuring independent accounts, the court reduces the likelihood of false testimony.

• Formal Declarations on Applications: When applying for a visa, a professional license, or certain government benefits, individuals are typically required to sign a declaration stating that all information provided in their application is true and accurate to the best of their knowledge, often with a clear warning about the penalties for making false statements.

  How it illustrates the term: This formal declaration acts ad vitandum perjurium. By making applicants formally attest to the truthfulness of their information and explicitly reminding them of the legal consequences of lying, it strongly deters them from submitting false details, thus avoiding perjury.

• Requirement for Affidavits: In many legal matters, instead of live testimony, a written statement called an affidavit is submitted. This document must be sworn or affirmed before a notary public or other authorized official, who verifies the identity of the person making the statement and witnesses their signature.

  How it illustrates the term: The requirement for an affidavit to be sworn or affirmed before an official, rather than just being a simple signed letter, is a measure ad vitandum perjurium. The formal process and the presence of an authorized witness underscore the seriousness of the statement and the legal obligation to tell the truth, thereby discouraging false declarations.