Define: Juramentum

Juramentum
Juramentum
Quick Summary of Juramentum

Juramentum, a Latin term meaning oath, refers to a promise made by an individual, often in a legal context, to uphold the truth or fulfil a responsibility. There are various types of juramentum, including necessary or compulsory oaths, voluntary oaths, and oaths of calumny. A jurat, on the other hand, is a certification that is added to an affidavit or deposition, indicating the date and authority before which the document was created. Typically, it includes the statement “Subscribed and sworn to before me this ____ day of [month], [year],” and confirms that the person who signed the document did so in the presence of the officer, appeared before the officer on the specified date, and swore or affirmed the contents of the document.

Full Definition Of Juramentum

Juramentum, a Latin term used in civil law, refers to an oath. It is a solemn commitment made by an individual to either speak the truth or fulfil a duty. Various types of juramentum exist, including juramentum calumniae, which involves making a false accusation under oath, juramentum corporalis, where a physical gesture accompanies the oath, such as placing one’s hand on a religious text, juramentum in litem, taken during a legal dispute to support one’s claim, juramentum judiciale, where the judge defers the decision of the case to either party, juramentum necessarium, a compulsory oath required by law or authority, and juramentum voluntarium, a voluntary oath willingly taken by an individual. For instance, a witness in court takes a juramentum to truthfully testify, while a public official takes a juramentum to uphold their country’s constitution and laws. Similarly, a person taking a citizenship oath makes a juramentum to demonstrate loyalty to their new country and its laws. These examples highlight how juramentum serves as a solemn promise made under oath in various contexts, including legal proceedings, public service, and citizenship.

Juramentum FAQ'S

Juramentum is a Latin term that refers to an oath or a solemn promise made by an individual to tell the truth or fulfill certain obligations.

Juramentum is typically required in legal proceedings, such as court hearings, depositions, or when giving testimony as a witness. It ensures that individuals provide truthful and accurate information under penalty of perjury.

If someone refuses to take Juramentum when required, they may be held in contempt of court or face other legal consequences. This refusal can be seen as obstructing justice or hindering the legal process.

Yes, Juramentum can be taken in any language understood by the individual taking the oath. The purpose is to ensure that the person fully comprehends the obligations and consequences of providing false information.

Yes, with the advancement of technology, Juramentum can be administered remotely through video conferencing platforms. However, specific rules and procedures may vary depending on the jurisdiction and the nature of the legal proceeding.

If someone lies under Juramentum, they can be charged with perjury, which is a serious offense. Perjury involves intentionally providing false information while under oath, and it can result in criminal penalties, including fines and imprisonment.

In some cases, Juramentum can be waived if both parties involved in a legal proceeding agree to it. However, this is typically done in specific circumstances and with the approval of the court.

While Juramentum is primarily used in legal proceedings, it can also be used in certain non-legal settings, such as when taking an oath of office or when making a solemn promise in religious or ceremonial contexts.

Yes, Juramentum can be challenged or invalidated if there is evidence of coercion, duress, or if the person taking the oath lacked the mental capacity to understand the obligations. However, such challenges are subject to the specific laws and rules of the jurisdiction.

Juramentum involves taking an oath with a religious or sacred connotation, while an affirmation is a solemn promise made without any religious references. Both serve the same purpose of ensuring truthfulness and accountability, but the choice between the two may depend on an individual’s beliefs or preferences.

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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 16th April 2024.

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