The Juryman S Legal Hand Book And Manual Of Common Law

Author: Thomas Harttree Cornish
Publisher:
ISBN:
Size: 70.64 MB
Format: PDF, Kindle
View: 3292
Download Read Online
Definition of an Oath.* — The first point in our proposed inquiry, after tracing an
oath to its true origin, would seem to be to settle its definition And this is not so
readily and easily determined as it might, at first sight, be supposed to be. ... our
own national practice in England of employing the imprecatory form, and bearing
directly on the objections of one of those few classes in our community, who
refuse to bind themselves by the oath pre- * An oath is an affirmation or denial of
any thing, ...

The Juryman S Legal Hand Book And Manual Of Common Law Etc

Author:
Publisher:
ISBN:
Size: 18.52 MB
Format: PDF, ePub
View: 1994
Download Read Online
DEFINITION of AN OATH.*—The first point in our proposed inquiry, after tracing
an oath to its true origin, would seem to be to settle its definition. And this is not so
readily and easily determined as it might, at first sight, be supposed to be. ... and
bearing directly on the objections of one of those few classes in our community,
who refuse to bind themselves by the oath pre* An oath is an affirmation or denial
of any thing, before one or more persons who have authority to administer the ...

The Annual Register Or A View Of The History Politics And Literature For The Year

Author:
Publisher:
ISBN:
Size: 57.47 MB
Format: PDF, ePub
View: 613
Download Read Online
But as that statute, and the other statutes imposing oaths, were infringements on
the common law, and were besides, penal statutes, they must be literally and
strictly construed; whereas the remedial laws, relaxing such provisions, and so
far ... In a case which occurrred shortly after the passing of the Act, Chief Justice
Holt had held, that in all cases where an oath was required, the Affirmation of a
Quaker could be taken, under the exceptions contained in the Act itself, viz.
evidence in ...

Federal Rules Of Evidence Rules Legislative History Commentary And Authority

Author: Glen Weissenberger
Publisher: LexisNexis
ISBN: 0327176229
Size: 39.48 MB
Format: PDF, Mobi
View: 4629
Download Read Online
603.1 Oath or Affirmation Rule 603 fundamentally requires that, before testifying,
witnesses must declare their intention to relatethesubject matter of their testimony
truthfully. 1 The declaration of intent may be by oath or affirmation. [324/325] The
oath or affirmation serves the dual purposesof arousing witnesses'conscience to
speakthe truth and exposing witnesses to punishment for perjury should they
purposely testify falsely. 2 The Rule is consistent with the common law in
authorizing ...

The Common Law In Colonial America

Author: William E. Nelson
Publisher: Oxford University Press
ISBN: 0199937753
Size: 58.75 MB
Format: PDF, Mobi
View: 1838
Download Read Online
It accordingly provided that an affirmation by a reputed Quaker would have the
same force and effect for all purposes as an oath.110 The New Jersey act,
however, did not fully resolve the question of Quaker affirmations because
Parliament soon thereafter passed an ... In short, like many able judges
throughout the common law's history, they found a path by which to navigate
between the strict requirements of the law, on one hand, and the cultural realities
of their society, on the other.

The Constitutional History Of England

Author: Frederic William Maitland
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584771488
Size: 51.26 MB
Format: PDF, Mobi
View: 3520
Download Read Online
46) an act was passed which enabled any person to substitute for an oath a
solemn affirmation, if he objects to being sworn, and states as the ground of such
objection, either that he has no religious belief, or that the taking of an oath is
contrary to his religious belief. And now as regards office, the only common law
disqualifications seem to have been those of the sheriffs (who might not sit for
their own shires) and the judges of the three common law courts, and these have
been ...

A History Of The Struggle For Slavery Extension Or Restriction In The United States

Author: Horace Greeley
Publisher: Applewood Books
ISBN: 142901637X
Size: 66.37 MB
Format: PDF, Mobi
View: 1616
Download Read Online
The saidTerrilory »hall be divided im« three judicial districts, und a district court
shall 1)0 held in each of said districts by one of the justices of the supreme court,
at such times and places as nmv be prescribed by law ¡ and the said judges ... in
the same maimer and under the same regulations as from the circuit courts of the
United States, where the value of the property, or the amount in controversy, to be
ascertained by the oath or affirmation of either party, or other competent witness,
 ...

Studies In The History Of The Common Law

Author: S. F. C. Milsom
Publisher: A&C Black
ISBN: 0907628613
Size: 64.82 MB
Format: PDF
View: 7472
Download Read Online
They were an integral part of the law-suit; and the oath which would be taken by
or on behalf of one of the parties, and which, by being put to a divine test, would
decide the action, was explicitly in affirmation or denial of the whole of the count.
It follows that, while some facts were always asserted in the count, no others
could emerge so long as litigation was strictly in this mould. The social historian
interested just in the facts will ask in vain how, in a writ of right, the land had got
into the ...

The Annual Register

Author:
Publisher:
ISBN:
Size: 74.74 MB
Format: PDF, ePub, Mobi
View: 1729
Download Read Online
But as that statute, and the other statutes imposing oaths, were infringements on
the common law, and were besides, penal statutes, they must be literally and
strictly construed ; whereas the remedial laws, relaxing such provisions, and so
far restoring the ... and the motion to allow Mr. Pease to make his solemn
Affirmation, in place of taking the oath, was agreed to unanimously. sociation
which proceeded openly under an organization, and was avowedly HISTORY OF
EUROPE. [37.