HopefullyInLawSchool
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LSDefine
Simple English definitions for legal terms
judicial oath
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A quick definition of judicial oath:
A judicial oath is a solemn promise made by a person in a legal proceeding, where they swear to tell the truth or fulfill a promise. The person making the oath invites punishment if they break their promise or lie. If they do lie, they can be charged with perjury. The oath can be made by touching a sacred object, like a Bible, or by simply making a statement. Different types of oaths include loyalty oaths, taken by public officials or soldiers, and assertory oaths, taken by witnesses in court.A more thorough explanation:
A judicial oath is a solemn declaration made by a person in a legal proceeding, usually in open court, in which they swear to tell the truth. The person making the oath invites punishment if they are found to be lying or breaking a promise. The legal effect of an oath is to subject the person to penalties for perjury if the testimony is false.
For example, a witness in a court case takes an assertory oath to attest to some factual matter. A judge takes an oath of office before entering into the duties of their public office. A soldier or sailor takes an oath of allegiance to maintain fidelity to their government.
These examples illustrate how a judicial oath is a formal declaration made under the sanction of an appeal to God or a revered person or thing, and how it is used to ensure that the person making the oath is telling the truth or will be bound to a promise.