In Scots law, the concept of ob metum perjurii, or “on account of the fear of perjury,” used to involve excluding evidence from parties and their relatives in a legal case. This was done because there was a concern that their personal stake in the outcome could potentially lead them to provide false testimony. However, this law is no longer in effect as the importance of gathering all available evidence has outweighed the fear of perjury.
Ob metum perjurii (ob mee-t?m p?r-juur-ee-I) is a Latin term utilised in Scots law to denote “on account of the fear of perjury.” It signifies the apprehension that a witness or party involved in a case may provide false testimony due to their own or their relatives’ vested interest in the case’s outcome. For instance, in the past, evidence from the parties involved in a case and their relatives was excluded based on ob metum perjurii, as there was concern that they might present false evidence to sway the case in their favor. However, this is no longer the case, as the imperative to gather all relevant facts and evidence has superseded the fear of perjury. This example demonstrates how ob metum perjurii was historically used in Scots law to exclude evidence from parties and their relatives due to the fear of perjury, and how this fear has been overridden by the necessity to obtain all evidence and facts, even if it means allowing testimony from interested parties.
Ob Metum Perjurii is a legal defence that can be used in cases where a person has made false statements under oath due to fear of harm or retaliation.
The purpose of Ob Metum Perjurii is to protect individuals who have been coerced or threatened into making false statements under oath.
To use Ob Metum Perjurii as a defence, the defendant must prove that they made false statements under oath due to a reasonable fear of harm or retaliation.
Any type of harm or retaliation that would cause a reasonable person to fear for their safety or well-being can be used as a defence under Ob Metum Perjurii.
Yes, Ob Metum Perjurii can be used as a defence in criminal cases where the defendant has been charged with perjury.
Yes, Ob Metum Perjurii can be used as a defence in civil cases where the defendant has been accused of making false statements under oath.
The burden of proof for using Ob Metum Perjurii as a defence is on the defendant, who must prove that they made false statements under oath due to a reasonable fear of harm or retaliation.
If Ob Metum Perjurii is successfully used as a defence, the defendant may be acquitted of perjury charges or may be found not liable in a civil case.
Yes, Ob Metum Perjurii can be used even if the defendant was not directly threatened, as long as they had a reasonable fear of harm or retaliation.
No, Ob Metum Perjurii cannot be used if the defendant was not aware of the potential harm or retaliation at the time they made false statements under oath.
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: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/ob-metum-perjurii/
- Modern Language Association (MLA):Ob Metum Perjurii. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/ob-metum-perjurii/.
- Chicago Manual of Style (CMS):Ob Metum Perjurii. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/ob-metum-perjurii/ (accessed: May 09 2024).
- American Psychological Association (APA):Ob Metum Perjurii. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/ob-metum-perjurii/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts