Affirmation in Lieu of Oath. Assertory Oath. Decisive Or Decisory Oath
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o OASDI. Old Age, Survivors' and Disability Insurance. Extrajudicial oath. One not taken in any judicial See Social Security Administration. proceeding, or without any authority or requirement of law, though taken formally before a proper person. Oath. Any form of attestation by which a person False oath. See False swearing; Perjury. signifies that he is bound in conscience to perform an act faithfully and truthfully, e.g. President's oath on Judicial oath. One taken in some judicial proceeding entering office, Art. II, Sec. 1, U.S.Const. Vaughn v. or in relation to some matter connected with judicial State, 146 Tex.Cr.R. 586, 177 S.W.2d 59, 60. An proceedings. One taken before an officer in open affirmation of truth of a statement, which renders court, as distinguished from a "non-judicial" oath, one willfully asserting untrue statements punishable which is taken before an officer ex parte or out of for perjury. An outward pledge by the person taking court. See also Witnesses, below. it that his attestation or promise is made under an Loyalty oath. An oath requiring one to swear his immediate sense of responsibility to God. A solemn loyalty to the state and country generally as a condi appeal to the Supreme Being in attestation of the tion of public employment. Such oaths which are not truth of some statement. An external pledge or as overbroad have been upheld. Elfbrandt v. Russell, severation, made in verification of statements made, 384 U.S. 11, 86 S.Ct. 1238, 16 L.Ed.2d 321; Cole v. or to be made, coupled with an appeal to a sacred or Richardson, 405 U.S. 676, 92 S.Ct. 1332, 31 L.Ed.2d venerated object, in evidence of the serious and rever 593. See also Oath of allegiance. ent state of mind of the party, or with an invocation Official oath. One taken by an officer when he as to a supreme being to witness the words of the party, sumes charge of his office, whereby he declares that and to visit him with punishment if they be false. In he will faithfully discharge the duties of the same, or its broadest sense, the term is used to include all whatever else may be required by statute in the forms of attestation by which a party signifies that he particular case. See Art. VI, U.S. Const. is bound in conscience to perform the act faithfully and truly. In a more restricted sense, it excludes all Poor debtor's oath. See Pauper's oath. those forms of attestation or promise which are not Promissory oaths. Oaths which bind the party to accompanied by an imprecation. observe a certain course of conduct, or to fulfill See also Affirmation; Attestation; False swearing; certain duties, in the future, or to demean himself Jurat; Loyalty oath; Pauper's oath; Verification. thereafter in a stated manner with reference to speci fied objects or obligations; such, for example, as the Affirmation in lieu of oath. Fed. R. Civil P. 43 pro oath taken by a high executive officer, a legislator, a vides that whenever an oath is required under the judge, a person seeking naturalization, an attorney at rules, a solemn affirmation may be accepted in lieu law. A solemn appeal to God, or, in a wider sense, to thereof. See also Art. II, Sec. 1, and Art. VI, U.S. some superior sanction or a sacred or revered person Const. in witness of the inviolability of a promise or under Assertory oath. One relating to a past or present fact taking. or state of facts, as distinguished from a "promisso Purga tory oath. An oath by which a person purges ry" oath which relates to future conduct; particular or clears himself from presumptions, charges or sus ly, any oath required by law other than in judicial picions standing against him, or from a contempt. proceedings and upon induction to office, such, for example, as an oath to be made at the custom-house Solemn oath. A corporal oath. relative to goods imported. Suppletory oath. In the civil and ecclesiastical law, the testimony of a single witness to a fact is called Corporal oath. See Corporal oath. "half-proof," on which no sentence can be founded; Decisive or decisory oath. In the civil law, where one in order to supply the other half of proof, the party of the parties to a suit, not being able to prove his himself (plaintiff or defendant) is admitted to be ex charge, offered to refer the decision of the cause to amined in his own behalf, and the oath administered the oath of his adversary, which the adversary was to him for that purpose is called the "suppletory bound to accept, to tender the same ,proposal back oath," because it supplies the necessary quantum of again, otherwise the whole was taken as confessed by proof on which to found the sentence. This term, him. although without application in American law in its 966 967 OBJECTION original sense, is sometimes used as a designation of thority, or the abstaining from what is prohibited, in a party's oath required to be taken in authentication compliance with the command or prohibition. or support of some piece of documentary evidence Obedientia I�biydiyensh(iy)g/. An office, or the admin which he offers, for example, his books of account. istration of it; a kind of rent; submission; obedience. Voluntar,y oath. Such as a person may take in extra Obedientia est legis essentia I�biydiyensh(iy)� est Ifyj�s judicial matters, and not regularly in a court of jus �sensh(iy)�1 . Obedience is the essence of the law. tice, or before an officer invested with authority to Obediential obligation I�biydiyensh�l obl�geysh�n/. See administer the same. Obligation. Witnesses. Before testifying, every witness shall be Obedientiarius; obedientiary I;biydiyenshiyeriy;s; required to declare that he will testify, truthfully, by �biydiyensh�riy I. A monastic officer. oath or affirmation administered in a form calculated to awaken his conscience and impress his mind with Ob favorem mercatorum I ob f�v6r;m mQrk�t6r;m/. In his duty to do so. Fed.Evid.R. 603. See also Affirma favor of merchants. tion in lie u of oath, above. Ob infamiam non solet juxta legem terne aliquls per legem apparentem se purgare, nisi prius convlctus Oath against bribery. In England, one which could tuerit vel eonfessus In euria lob infeym(i)y;m non have been administered to a voter at an election for s6wl�t j:Sks� Ifyj�m tehriy �l;�s par liyj�m members of parliament. Abolished in 1854. �p;ren�m siy p;rgeriy, naysay pray;s �nvik�s vel Oath ex officio 16we eks �fish(iy)owI. In old English �nfe�s in kyUr(i)y�/. On account of evil report, it is law, the oath by which a clergyman charged with a not usual, according to the law of the land, for any criminal offense was formerly allowed to swear him person to purge himself, unless he have been previ self to be innocent; also the oath by which the com ously convicted, or confessed in court. purgators swore that they believed in his innocence. Obit 16w�t/. A funeral solemnity, or office for the dead. The anniversary of a person's death; the anni Oath In Btem 16we in hiy&m/. In the civil law, an oath versary office. permitted to be taken by the plaintiff, for the purpose of proving the value of the subject-matter in contro Obiter 16(w)�r/. Lat. By the way; in passing; versy, when there was no other evidence on that incidentally; collaterally. point, or when the defendant fraudulently suppressed Obiter dictum 16(w)��r dik�m/. Words of an opin evidence which might have been available. ion entirely unnecessary for the decision of the case. Noel v. Olds, 78 U.S.App.D.C. ISS, 138 F.2d 581, 586. oath of allegiance. An oath by which a person prom A remark made, or opinion expressed, by a judge, in ises and binds himself to bear true allegiance to a his decision upon a cause, "by the way," that is, particular sovereign or government (e.g., the United incidentally or collaterally, and not directly uppn the States), administered generally to high public officers question before him, or upon a point not necessarily and to soldiers and sailors, also to aliens applying for involved in the determination of the cause, or intro naturalization, and, occasionally, to citizens generally duced by way of illustration, or analogy or argument. as a prerequisite to their suing in the courts or prose Such are not binding as precedent. See DIcta; Dic cuting claims before government bureaus. 31 U.S. tum. C.A. § 204. As to oath of allegiance to Constitution, see Art. II, Sec. I, and Art. VI, U.S. Const. See also Obit sine prole 16wt»t sayniy pr6wliy I. Lat. [He] died oath (Loyalty oath). without issue. Object, v. In legal proceedings, to object (e.g., to the Oath of calumny 16we �v kZl�mniy/. In the civil law, admission of evidence) is to interpose a declaration to an oath which a plaintiff was obliged to take that he the effect that the particular matter or thing under was not prompted by malice or trickery in commenc ing his action, but that he had bona fidea good cause consideration is not done or admitted with the con sent of the party objecting, but is by him considered of action.