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Legal Definitions - faux serement
Definition of faux serement
Faux serement refers to a false oath. This occurs when an individual makes a statement under a solemn promise or affirmation to tell the truth, knowing that the statement is untrue. It is a serious offense because it undermines the integrity of legal and official processes that rely on truthful declarations.
Here are some examples illustrating faux serement:
Courtroom Testimony: During a civil lawsuit concerning a car accident, a witness is called to testify under oath. The witness, who is a close friend of one of the drivers, states that the other driver ran a red light, even though they clearly saw their friend speed through the red light. The witness knowingly provided false information while under a solemn promise to tell the truth to the court.
This illustrates faux serement because the witness made a deliberate misrepresentation of facts while bound by an oath to be truthful, intending to influence the outcome of the legal proceeding.
Official Application: An individual applying for a professional license is required to sign a declaration affirming that they have never been convicted of a felony. Despite having a felony conviction from several years ago, the applicant signs the declaration, falsely stating they have no such record, to ensure their application is approved.
This is an example of faux serement because the applicant made a false statement in an official document, under an affirmation equivalent to an oath, knowing the information was untrue and intending to gain an advantage.
Sworn Affidavit: In a dispute over an inheritance, one sibling submits a sworn affidavit to the court claiming that their deceased parent verbally promised them a specific piece of property, even though they know no such promise was ever made. They hope this false claim, made under oath, will sway the court's decision in their favor.
This demonstrates faux serement because the sibling knowingly made a false assertion in a written statement that was formally sworn to be true, thereby presenting untrue information to a legal authority.
Simple Definition
Faux serement is a French legal term that translates directly to "false oath." It refers to the act of swearing an oath or making a solemn promise under oath, knowing that the statement or promise being made is untrue. This concept is similar to perjury in English common law, where one intentionally testifies falsely after having sworn an oath to tell the truth.