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Legal Definitions - malsworn

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Definition of malsworn

Malsworn describes an individual who has violated an oath or made a false statement under oath. It refers to someone who has sworn falsely, thereby breaking a solemn promise or declaration made with a legal or moral obligation to tell the truth.

Here are some examples illustrating the concept of being malsworn:

  • Example 1: A Witness in Court
    During a high-profile criminal trial, a witness takes the stand and swears an oath to "tell the truth, the whole truth, and nothing but the truth." However, when questioned about a crucial detail, the witness deliberately provides false information to protect a friend, knowing that their testimony is untrue.

    Explanation: This witness is considered malsworn because they intentionally broke their solemn oath to tell the truth in a legal proceeding by providing false testimony.

  • Example 2: A Public Official
    A newly elected mayor takes an oath of office, promising to faithfully execute the duties of their position and uphold the city's laws. A few months into their term, the mayor secretly accepts a large sum of money from a developer in exchange for approving a controversial construction project that violates existing zoning regulations.

    Explanation: The mayor is malsworn because they violated their oath of office by engaging in corrupt behavior and failing to uphold the laws and public trust they swore to protect.

  • Example 3: An Affidavit for an Application
    An individual applying for a specific professional license is required to submit an affidavit, a sworn written statement, attesting that they have never been convicted of a felony. Despite having a prior felony conviction, the applicant signs the affidavit, falsely swearing that they have a clean record.

    Explanation: The applicant is malsworn because they made a false declaration under oath in a formal legal document, knowingly providing untrue information to gain an advantage.

Simple Definition

Malsworn describes an individual who has sworn a false oath or committed perjury. It refers to someone who has violated an oath by providing untrue testimony or making a false promise under oath.

Justice is truth in action.

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