Tergiversatio, a Latin term, denotes reluctance or hesitation. In Roman law, it specifically pertains to a strategy employed by an accuser who intentionally avoids pursuing a criminal charge, typically by not attending the trial. To retract an accusation, the court’s approval for an annulment was required. Individuals found guilty of tergiversatio were liable to pay a fine. It is important to note that this term is also referred to as CALUMNIA and should not be confused with PRAEVARICATIO.
Tergiversatio is a legal term that refers to the act of delaying a legal case by not pursuing a criminal charge. It is a strategy employed by the accuser to avoid attending court proceedings. If found guilty of tergiversatio, individuals may be required to pay a fine. One instance of tergiversatio occurs when a person accuses someone of a crime but fails to appear in court as a witness. This can impede the legal process and hinder the progression of the case. Another example is when an accuser withdraws their accusation without obtaining permission from the court, which is also considered tergiversatio. For example, if someone accuses another person of theft but fails to testify in court, the case may experience delays or even be dismissed. This exemplifies tergiversatio as the accuser is refraining from pursuing the criminal charge.
Tergiversatio refers to the act of deliberately changing one’s stance or position on a particular issue or matter.
Tergiversatio itself is not illegal, as individuals have the right to change their opinions or positions. However, if tergiversatio is done with fraudulent intent or for illegal purposes, it may be considered unlawful.
Yes, tergiversatio can be used as evidence in a legal case, especially if it demonstrates a pattern of deceit or dishonesty. However, it is important to establish the context and intent behind the tergiversatio to determine its relevance and admissibility.
If tergiversatio occurs within the context of a contractual agreement and results in a violation of the terms or obligations outlined in the contract, it may lead to a breach of contract. The innocent party may have legal remedies available to them in such cases.
Tergiversatio can potentially be considered perjury if it involves intentionally providing false or misleading information under oath during a legal proceeding. Perjury is a serious offense and can result in criminal charges.
Yes, tergiversatio can significantly impact a person’s credibility in court. If a person is found to have repeatedly changed their stance or position on a matter, it may undermine their credibility and affect the weight given to their testimony or evidence.
Tergiversatio alone may not be sufficient grounds for a defamation lawsuit. Defamation typically requires false statements that harm a person’s reputation. However, if tergiversatio involves making false statements about someone that harm their reputation, it may potentially be considered defamatory.
Tergiversatio can be used as a defence in a criminal case if it can establish reasonable doubt or challenge the credibility of the prosecution’s evidence or witnesses. However, the effectiveness of such a defence would depend on the specific circumstances of the case.
Tergiversatio can potentially be grounds for termination of employment if it involves dishonesty, breach of trust, or violation of company policies. Employers have the right to terminate employees who engage in deceptive or fraudulent behavior.
Tergiversatio can be considered a form of fraud if it involves intentionally deceiving or misleading others for personal gain or to cause harm. Fraudulent tergiversatio may have legal consequences and can result in civil or criminal liability.
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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