The term "calumniae juramentum" refers to an oath taken against false accusations, also known as an oath of good faith. This oath is required from both the accuser and the accused before any legal trial or purification process begins. The accuser swears to pursue the case against the accused, while the accused affirms their innocence on the day they are to face the legal ordeal.
This term is primarily used in legal contexts involving accusations and trials, particularly in criminal law. It underscores the importance of honesty in legal proceedings, ensuring that both parties commit to truthfulness before the trial starts. Users can find legal forms related to oaths and declarations on platforms like US Legal Forms, which provide templates drafted by qualified attorneys to assist in these matters.
Here are a couple of examples of abatement:
Example 1: In a criminal case involving theft, the accuser must take an oath stating they will pursue the case, while the accused swears their innocence before the trial begins.
Example 2: In a civil dispute over defamation, both parties may be required to take oaths to ensure that their claims and defenses are made in good faith. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Oath Requirements |
|---|---|
| California | Requires both parties to take a formal oath in court. |
| New York | Allows for oaths to be taken outside of court under certain circumstances. |
| Texas | Mandates oaths in specific civil and criminal cases. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Perjury | Deliberately lying under oath. | Calumniae juramentum is about affirming truthfulness, while perjury involves deceit. |
| Affidavit | Written statement confirmed by oath. | Calumniae juramentum is verbal and specific to accusations, whereas an affidavit can cover various topics. |
If you find yourself in a situation where calumniae juramentum is relevant, consider the following steps:
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Breaking this oath can lead to serious legal consequences, including charges of perjury.