Legal Definitions - swear

The term "swear" in a legal context refers to two related actions:

• The act of taking an oath, which is a solemn promise or declaration, often made by invoking a divine being or a sacred belief, affirming the truthfulness of a statement or the commitment to perform a duty.
• The act of an authorized individual administering an oath, meaning they formally require another person to make such a solemn promise or declaration.

Here are some examples illustrating the legal use of "swear":

• Example 1: A New Citizen's Oath

  During a naturalization ceremony, individuals becoming citizens of a country must swear an Oath of Allegiance. This oath typically involves renouncing allegiance to any foreign state and pledging loyalty to their new country and its laws.

  Explanation: In this scenario, the new citizen is taking an oath. By reciting and affirming the Oath of Allegiance, they are making a solemn promise to uphold the responsibilities and duties of citizenship, which is a legally binding declaration.

• Example 2: A Jury Member's Promise

  Before a trial begins, each person selected to serve on a jury must swear an oath to impartially consider the evidence presented and render a verdict based solely on that evidence and the law. This is often done collectively in the courtroom.

  Explanation: Here, the jury members are taking an oath. They are making a formal, legally recognized promise to perform their civic duty fairly and without bias. The judge or a court clerk would typically administer this oath to them.

• Example 3: A Notary Public's Verification

  When someone needs to sign an affidavit (a written statement confirmed by oath or affirmation for use as evidence in court), they must appear before a notary public. The notary public will then swear the person to the truthfulness of the contents of the affidavit before the person signs it.

  Explanation: In this instance, the notary public is administering an oath. They are the authorized official who formally requires the individual to declare under oath that the information in the affidavit is true. The individual, in turn, is taking an oath by affirming the truthfulness of their statement to the notary.