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Legal Definitions - VERIFIEDNON EST FACTUM

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Definition of VERIFIEDNON EST FACTUM

To verify means to confirm or establish the truth, accuracy, or authenticity of something. In a legal context, it often specifically refers to confirming something through a formal declaration, such as an oath or affidavit, thereby swearing to its truthfulness.

  • Example 1: Confirming Information for a Loan Application

    When a person applies for a mortgage, the bank will often contact their employer to verify their current employment status and income. The bank might also request tax returns or pay stubs to further confirm the financial information provided by the applicant.

    This illustrates 'verify' as the act of confirming the truthfulness and accuracy of the applicant's stated employment and income details before approving the loan.

  • Example 2: Sworn Testimony in a Court Case

    Before giving testimony in court, a witness is asked to swear an oath, promising to tell "the truth, the whole truth, and nothing but the truth." By taking this oath, the witness is formally verifying that their subsequent statements will be truthful.

    Here, 'verify' refers to the formal act of confirming the truth of future statements under oath, making them legally binding and subject to penalties for perjury if found false.

  • Example 3: Authenticating a Legal Document

    A will often requires the signatures of witnesses who attest that they saw the testator (the person making the will) sign the document and that the testator appeared to be of sound mind. These witnesses effectively verify the authenticity of the testator's signature and their capacity to make the will at that time.

    This example demonstrates 'verify' as the act of authenticating a document and the circumstances of its creation through the formal confirmation of witnesses.

Simple Definition

VERIFIED NON EST FACTUM refers to a legal defense where a claim of "non est factum" has been successfully proven true. This means it has been confirmed or established that a person signed a document under a fundamental mistake about its character or contents, making it not their true act or deed.

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