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42

I think you should take "the whole truth" as simply short for "all the truth known to the witness, within the limits of the rules of evidence as applied by the judge." and take "nothing but the truth" to mean "no intentionally false statements included". I cannot be sure, but I suspect the response in the question ...


20

Perjury is more than a lie It is a knowing deceit undertaken with the express purpose of misleading the court on a material issue. It isn’t misremembering, or contradicting oneself (or others), or stating falsehoods believing they are truths, or lying about things that don’t matter. The fact that one party’s recollection of events are different from another’...


17

It's the whole truth of your experience If I were to say "I saw John going into the store", in reality it may have been someone else, or they may have simply walked past the store (if you saw them from an angle for that to be possible). Or maybe you were just hallucinating or misremembering. But it is a true account of (your memory of) what you ...


13

Liability for perjury is governed by the language of the applicable perjury statute and the related case law, not by the language of the oath itself. The situation in the case of contempt of court is similar. For legal purposes, you either swear or affirm something, or you don't. It is a binary matter that doesn't depend upon the exact language of the oath ...


12

Perjury is not 'not telling the truth'. It requires (in most jurisdictions) being proven to have deliberately lied under oath. As Xavier pointed out, you are not on oath when entering a plea (among other reasons, you would be required to incriminate yourself). Secondly, "I am not guilty" could mean anything from "the prosecution wrongly think that what I ...


10

RCW 7.04A.170 states that "An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing and may administer oaths", also "All laws compelling a person under subpoena to testify and all fees for attending a judicial proceeding, a deposition, or a discovery proceeding as a ...


9

Without going to specific jurisdictions perjury is "the offence of willfully telling an untruth or making a misrepresentation under oath". It therefore requires an untruth intentionally made with the intent to deceive while under oath - not stated in this definition is that the deceit must be material to the matter being decided. First, pleas are not given ...


9

"I don't recall" will protect you from perjury only if it's true. Let me try an example. You're asked: "Did Mr. Blatter hand you an envelope full of cash?" You say: "Not to my recollection." Now the government introduces a videotape of you receiving and counting the money, and a thank-you note you wrote to Blatter saying "Thanks for the awesome bribe!" ...


8

Will he break any laws by saying that (assuming the actual truth cannot be found out)? The statement made outside the courtroom is not itself perjury, since it is not made under oath. But that doesn't mean that there wouldn't be legal consequences. It would be powerful evidence in a perjury prosecution (surely enough for a conviction even standing alone ...


7

Contempt This is not contempt of court, which happens only in the physical presence of a judge, or in relation to a court order known by the person to be held in contempt to exist and related to that person in some way. Potential Criminal Liability Criminal liability is an offense which can only be brought by the prosecutor's office in Arizona, for which ...


6

In the United States, the question that determines whether it's perjury is whether or not you believe what you said was true. Whoever— (1) having taken an oath..., willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or (2) ... willfully subscribes as true any material matter which he does not ...


6

Willfully telling an untruth or making a misrepresentation under oath is perjury; the reason you do so or the substance of it is irrelevant. It is the act of perjury itself that is an offense and led to the impeachment.


6

What's the reality? There is great diversity in how arbitration proceedings are conducted (as another answer notes, there are also lots of forms of ADR, especially mediation, that don't involve testimony at all). It isn't unusual for testimony that is sworn, or made under penalty of perjury to be used in arbitration, although it is not a universal practice. ...


5

It is like an affidavit of sort, sworn out without the jurat and not before a notary. The swearing out of a complaint or rebutting evidence in all Federal civil matters (some states allow for the same) must contain an affidavit or an "unsworn declaration" that swears out the facts to be true and accurate, even though not notarized, and is based on fact and ...


5

As far as I know, every jurisdiction in America limits perjury to cases of lying under oath. Because it seems unlikely that the driver would be under oath at this point, you would probably lack probable cause to make an arrest. At the same time, many states have separate laws addressing the making of false reports, lying to an officer, etc. I'd imagine ...


5

Laws criminalizing perjury are not about being mistaken or less believable in your testimony. The crime is, very narrowly, stating something which you do not believe to be true, while under oath. If you make a statement that happens to be untrue but you believe it is true (you are mistaken), that is not perjury. In the US, moreover, you have to assert ...


5

No. A federal court may not vacate the conviction which the state court declined to vacate under these circumstances. On March 22, 2009, a jury found Luis Villavicencio‐Serna guilty of first‐degree murder of Armando Huerta Jr. Scant physical evidence linked him to the charge. The conviction instead was largely based on testimony from three of his friends, ...


4

The defence in a criminal case has no obligation to inform the prosecution of anything. The onus is on the prosecution to provide the evidence to convict and the defence doesn't have to and indeed shouldn't help them do it. The defence can and probably would use conflicting statements by a prosecution witness to discredit that witness in the eyes of the ...


4

I have not found a case directly on point, but there is a case in the right neighborhood. In Flordia v. Carter 364 So. 2d 1249, Carter was charged with perjury for making a false statement under oath. He recanted his testimony in a letter to the defense attorney the next day. Subsequently he was charged with perjury: the trial judge dismissed the case based ...


4

No A lawyer is considered an "officer of the court" in the sense that certain duties to the court are imposed on the lawyer. That does not give the lawyer authority as if the lawyer was part of the court staff, nor a law enforcement officer. A statement can be prosecuted as perjury only if it is made under oath (or affirmation) in court, or if it ...


4

First thing is, the statement has to be with a specific governmental sphere, such as in a submission to a court, or a document with some legal weight submitted to a party where the government has mandated that the declaration be "sworn" (an employment application involving security clearances; a DMCA takedown notice which has a connection to ...


4

Perjury is a crime In general, Perjury is defined as knowingly telling a lie (not necessarily just falsehood) to the court. The intention behind it is usually to prevent justice to get a correct verdict on correct facts. For example, to shield someone from or to blame someone for a crime. Such behavior is a problem for the courts, so there are usually laws ...


3

The penalties are a fine that I can't be bothered finding the value of or up to 5 years imprisonment https://www.law.cornell.edu/uscode/text/18/1621 It has no meaning outside of its usage as a replacement for swearing an oath if you don't want to (e.g. because you don't believe in God) https://www.law.cornell.edu/uscode/text/28/1746


3

In Wisconsin, right after the perjury law, they have a law prohibiting "false swearing". It applies if a person: Makes or subscribes 2 inconsistent statements under oath or affirmation or upon signing a statement pursuant to s. 887.015 in regard to any matter respecting which an oath, affirmation, or statement is, in each case, authorized or required by ...


3

The defense has every right to do the best for its client. Unless it is specifically barred by either the law or by the judge, the defense can do anything and everything to protect its client. Without informing the prosecution beforehand, and without reference to the impact that it might have on anyone else (assuming it's within the law). In the "The ...


3

Short Answer No. You can't charge someone with perjury at a traffic stop. Long Answer Perjury is a criminal offense, not a claim that can be brought by a private individual in a civil action. Prosecutors charge people with perjury and other crimes if they find that there is probable cause to do so. Perjury consists of lying about a material matter under oath ...


3

No. The federal perjury statute applies only when there has been an oath taken to assert that the false statement was true, or the false statement was otherwise submitted under penalty of perjury. There is another statute concerning false statements generally, but it is also limited in such a way that it would not apply to the state of the union speech.


3

The California jury instructions for the crime of perjury give more detail on what it means to commit perjury: it's not just that you make a statement that is false, you have to willfully state that the information is true even though you know it is false. If you have a belief that you will be convicted for perjury (or any crime) by testifying, you may ...


3

TL;DR: You may have chances. Consult a German lawyer fast. In German civil cases there is the possibillity of "Reopening of proceedings" (Wiederaufnahme des Verfahrens), §§ 578 ff. ZPO. It can be used in special cases of incorrect proceedings. You have an "Action for retrial of the case" (Restitutionsklage), if "in a testimony or report on which the ...


3

is spousal immunity a defense for a forced restraining order by a biological father if he won't even speak to a suitor (i.e. may I take your daughter on a date)? There is no such thing as "spousal immunity". Your post is replete with unclear references, unclear statements, and seemingly unrelated questions. But it is noteworthy that spousal privilege (not "...


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