The term "calumniae jusjurandum" refers to an "oath of calumny," which is a legal concept originating from Roman law. It is an oath taken by a litigant affirming that they are not pursuing a lawsuit or defense in bad faith or for malicious reasons. Essentially, it serves as a declaration that the individual is acting honestly in their legal proceedings.
Calumniae jusjurandum is primarily used in civil law contexts, particularly in cases involving defamation or frivolous lawsuits. It helps to ensure that parties engage in legal actions with integrity. This term may come into play during trials or legal disputes where the motives behind a lawsuit are questioned. Users can find relevant legal forms and templates through US Legal Forms to assist in drafting necessary documents related to this concept.
Here are a couple of examples of abatement:
(Hypothetical example) A person files a defamation lawsuit against a former business partner. Before proceeding, they must take a calumniae jusjurandum to affirm that their claim is genuine and not intended to harass or intimidate the partner.
Examples of state differences (not exhaustive):
| State | Legal Context |
|---|---|
| California | Requires a declaration under penalty of perjury in certain civil cases. |
| New York | May involve additional requirements for proving malice in defamation cases. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Calumny | The act of making false statements about someone to damage their reputation. |
| Defamation | A broader term encompassing both slander (spoken) and libel (written) false statements. |
| Frivolous Lawsuit | A lawsuit with no legal basis, often intended to harass or burden the defendant. |
If you find yourself needing to take a calumniae jusjurandum, consider the following steps:
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It is an oath taken by a litigant affirming they are not pursuing a lawsuit in bad faith.