Legal Definition and Related Resources of Oath

A pledge or promise by which a person swears that a statement made or about to be made is true.

An outward pledge given by the person taking it that his attestation or promise is made under an immediate sense of his responsibility to God. Tyler, Oaths, 15. The term has been variously defined : As, a solemn invocation of the vengeance of the Deity upon the witness if he do not declare the whole truth, so far as he knows it. 1 Starkie, Ev. 22. . Or, a religious asseveration by which a person renounces the mercy and imprecates the vengeance of Heaven if he do not speak the truth. 2 Leach, C. C. 482. Or, as a religious act by vyhich the party invokes God not only to witness the truth and sincerity of his promise, but also to avenge his imposture or violated faith, or, in other words, to punish his perjury if he shall be guilty of it. 10 Toulliei;, Dr. Civ. notes 343-348; Puffendorff, bk. 4, c. 2, § 4. The essential idea of an oath would seem to be, however, that of a recognition of God’s authority by the party taking it,- and an undertaking to accomplish the transaction to which it refers as required by His laws. In its broadest sense, the term is used to include all forms of attestation by which a party signifies that he is bound in conscience to perform the act faithfully and truly. In a more restricted sense, it excludes all those forms of attestation or promise which are not accompanied by an imprecation. Assertory Oaths. Those required by law other than in judicial proceedings, and upon induction to office, such, for example, as custom-house oaths. Promissory Oaths. Oaths taken by authority of law, by which the party declares that he will fulfill certain duties therein mentioned; as, the oath which an alien takes, on becoming naturalized, that he will support the constitution of the United States; the oath which a judge takes that he will perform the duties of his office. The breach of this does not involve the party in the legal crime or punishment of perjury. 3 Zab. (N. J.) 49. Extrajudicial Oaths. Those taken without authority of l&vt. Though binding in foro conscientiae, they do not, when false, render the party liable to punishment for perjury. Judicial Oaths. Those administered in judicial proceedings.

noun

• adjuration
• affirmation
• affirmation of truth
• affirmation of truth of a statement
• asseveration
• attestation
• avouchment
• avowal
• avowance
• guarantee
• iusiurandum
• open declaration
• pledge
• promise
• solemn affirmation
• solemn avowal
• solemn declaration
• solemn invocation
• swearing
• sworn pledge
• sworn promise
• sworn statement
• vowforeign phrases: Repellitur a sacramento infamis
• An infamous person is denied the right to make an oath
• Sacramentum habet in se tres comitésveritatem
• justitiam
• et judicium; veritus habenda est in jurato;justitia et justicium injudice
• An oath has in it three componentstruth
• justice
• and judgment; truth in the party swearing; justice and judgment in the judge administering the oath
• Juramentum est indivisibile; et non est admittendum in parte verum et in partefalsam
• An oath is indivisible; it is not to be held as partly true and partly false
• Jusjurandum inter aliosfactum nec nocere necprodesse debet
• An oath made between other parties ought neither to hurt nor profit
• Non est arctius vinculum inter homines quam jusjurandum
• There is no stronger bond between men than an oath
• Jurato creditur in judicio
• He who makes an oath is to be believed in a judicial proceeding
• Jusjurandi forma verbis differt
• re convenit; hunc enim sensum habere debet: ut Deus invocetur
• The form of taking an oath differs in language
• agrees in meaning; for it ought to have this meaning; that the deity is invoked
• Perjurisunt quiservatis verbisjuramenti decipiunt aures eorum qui accipiunt
• They are perjured
• who
• preserving the words of an oath
• deceive the ears of those who receive it
• Omne sacramentum debet esse de certa scientia
• Every oath ought to be founded on certain knowledge
• Sacramentum sifatuum fuerit
• licet falsum
• tamen non committit perjurium
• A foolish oath
• although false
• does not give rise to perjury

Spoken, Solemn Promise To A Supreme Being That Is Made Before A Notary In Relation To A Jurat Or Other Notarial Act Or As A Notarial Act In Its Own Right.

Find similar definitions of the Oath concept in the Notary Dictionary, to be used to allow for comparison of legal terms meanings.

Browse or run a search for Oath in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Oath in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Oath in Historical Law in the Encyclopedia of Law.

Search for legal acronyms and/or abbreviations containing Oath in the Legal Abbreviations and Acronyms Dictionary.

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Translate Oath from English to Spanish

Translation of Oath, with examples. More about free online translation into Spanish of Juramento and other legal terms is available here.

• Juramento
• Legal English Translation

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This definition of Oath is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

Vocabularies (Semantic Web Information)

Oath in Law Enforcement

Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of oath.

Resources

See Also

• Law Enforcement Officer
• Police
• Law Enforcement Agency

Further Reading

• oath in A Dictionary of Law Enforcement (Oxford University Press)
• oath in the Encyclopedia of Law Enforcement
• A Treatise on the Police of the Metropolis

Meaning of Oath in the U.S. Legal System

Definition of Oath published by the National Association for Court Management: Written or oral pledge by a person to keep a promise or speak the truth.

Concept of Oath in the context of Real Property

A short definition of Oath: An attestation by a person which binds him or her legally and morally. Usually attesting to the truth of something, as an affidavit, or the validity of one’s signature. A promise to tell the truth. Also, a promise to carry out a duty with high morality (oath of office). An oath has religious connotations and usually involves the word “swear”, and may contain the phrase “so help me God”, or require the one taking the oath to put his or her hand on a bible. An affirmation (see which) is still legally binding.

Concept of Oath in the context of Real Property

A short definition of Oath: An attestation by a person which binds him or her legally and morally. Usually attesting to the truth of something, as an affidavit, or the validity of one’s signature. A promise to tell the truth. Also, a promise to carry out a duty with high morality (oath of office). An oath has religious connotations and usually involves the word “swear”, and may contain the phrase “so help me God”, or require the one taking the oath to put his or her hand on a bible. An affirmation (see which) is still legally binding.

Oath