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Affidavits
An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or '' deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public or commissioner of oaths. An affidavit is a type of verified statement or showing, or in other words, it contains a verification, which means that it is made under oath on penalty of perjury, and this serves as evidence for its veracity and is required in court proceedings. Definition An affidavit is typically defined as a written declaration or statement that is sworn or affirmed before a person who has authority to administer an oath. There is no general defined form for an affidavit, although for some proceedings an affidavit must satisfy legal or statutory requirements in order to be considered. An affidavit may include, * a ...
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Vasil Levski's Affidavit
Vasil ( Bulgarian and Macedonian: Васил, Georgian: ვასილ) is a Bulgarian, Macedonian and Georgian masculine given name. It may refer to: * Vasil Adzhalarski, Bulgarian revolutionary, an IMARO leader of revolutionary bands * Vasil Amashukeli (1886–1977), early Georgian film director & cinematographer in Azerbaijan and Georgia * Vasil Angelov (1882–1953), Bulgarian military officer and a revolutionary, a worker of IMARO * Vasil Aprilov (1789–1847), Bulgarian educator * Vasil Barnovi (1856–1934), Georgian writer popular for his historical novels * Vasil Biľak (born 1917), former Slovak Communist leader of Rusyn origin *Vasil Binev (born 1957), Bulgarian actor * Vasil Boev (born 1988), Bulgarian footballer * Vasil Bollano, the ethnic Greek mayor of Himara municipality, in southwest Albania * Vasil Bozhikov (born 1988), Bulgarian football defender *Vasil Bykaŭ (1924–2003), prolific Belarusian author of novels and novellas about World War II * Vasil Chekalarov ...
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Interrogatories
In law, interrogatories (also known as requests for further information) are a formal set of written questions propounded by one litigant and required to be answered by an adversary in order to clarify matters of fact and help to determine in advance what facts will be presented at any trial in the case. Use Interrogatories are used to gain information from the other party relevant to the issues in a lawsuit. The law and issues will differ depending upon the facts of a case and the laws of the jurisdiction in which a lawsuit is filed. For some types of cases there are standard sets of interrogatories available that cover the essential facts, and may be modified for the case in which they are used. When a lawsuit is filed, the pleadings filed by the parties are intended to let the other parties know what each side intends to prove at trial, and what legal case they have to answer. However, in most cases, the parties will require additional information to fully understand eac ...
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Evidence Law
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction. The quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. Important rules that govern admissibility concern hearsay, authentication, relevance, privilege, witnesses, opinions, expert testimony, identification and rules of physical evidence. There are various standards of evidence, stan ...
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Sworn Declaration
A sworn declaration (also called a ''sworn statement'' or a ''statement under penalty of perjury'') is a document that recites facts pertinent to a legal proceeding. It is very similar to an affidavit but is not witnessed and sealed by an official such as a notary public. Instead, the person making the declaration signs a separate endorsement paragraph at the end of the document, stating that the declaration is made under penalty of perjury. In legal proceedings, generally, facts that rely upon an individual's memory or knowledge are most reliably proven by having the person give testimony in court: he appears in person before a judge at a time and place known to other interested persons, swears that his testimony will be true, states his testimony so that all can hear it, and can be cross-examined by opposing parties. Generally, the written record of his testimony is taken down in written form by an official of the court, the court reporter. Such a procedure, although maximizi ...
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Statutory Declaration
A statutory declaration is a legal document defined under the law of certain Commonwealth nations and in the United States. It is similar to a statement made under oath, but it is not sworn. Statutory declarations are commonly used to allow a person to declare something to be true for the purposes of satisfying some legal requirement or regulation when no other evidence is available. They are thus similar to affidavits, which, however, are made on oath. Depending on jurisdiction, statutory declarations can be used for: *Declarations of identity, nationality, marital status, etc. when documentary evidence is unavailable. *Declaring the intention to change one's name. *Affirming the provenance and nature of goods for export or import. *Statements of originality for patent applications. Australia Australian law defines a statutory declaration as a written statement declared to be true in the presence of an authorised witness. The ''Statutory Declarations Act 1959'' governs th ...
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Performativity
''Performativity'' is the concept that language can function as a form of social action and have the effect of change. The concept has multiple applications in diverse fields such as anthropology, social and cultural geography, economics, gender studies ( social construction of gender), law, linguistics, performance studies, history, management studies and philosophy. The concept is first described by philosopher of language John L. Austin when he referred to a specific capacity: the capacity of speech and communication to act or to consummate an action. Austin differentiated this from constative language, which he defined as descriptive language that can be "evaluated as true or false". Common examples of performative language are making promises, betting, performing a wedding ceremony, an umpire calling a strike, or a judge pronouncing a verdict. Influenced by Austin, philosopher and gender theorist Judith Butler argued that gender is socially constructed through ...
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Fishman Affidavit
The Fishman Affidavit is a set of court documents submitted by self-professed ex-Scientologist Steven Fishman in 1993 in the federal case, ''Church of Scientology International v. Fishman and Geertz'' (Case No. CV 91-6426 (HLH (Tx) United States District Court for the Central District of California). The affidavit contained criticisms of the Church of Scientology and substantial portions of the Operating Thetan auditing and course materials. Church of Scientology International v. Fishman and Geertz The documents were brought as exhibits attached to a declaration by Steven Fishman on 9 April 1993 as part of ''Church of Scientology International v. Fishman and Geertz''. Along with Kendrick Moxon and Laurie Bartilson, Timothy Bowles was one of the lead attorneys for the Church of Scientology in the case. Fishman told the court that he had committed crimes on behalf of the Church. He also attested that he was assigned to murder his psychologist, Dr. Uwe Geertz, and then commit ...
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Deposition (law)
A deposition in the law of the United States, or examination for discovery in the law of Canada, involves the taking of sworn, out-of-court oral testimony of a witness that may be reduced to a written transcript for later use in court or for discovery purposes. Depositions are commonly used in litigation in the United States and Canada. They are almost always conducted outside court by the lawyers themselves, with no judge present to supervise the examination. History Depositions by written interrogatories first appeared around the mid-15th century as a procedure for discovery, factfinding, and evidence preservation in suits in equity in English courts. Available through HeinOnline. They differed radically from modern depositions in three ways: (1) the party seeking a witness's testimony merely propounded written interrogatories which were read out loud by a master or court-appointed commissioner to the witness in a closed proceeding without parties or counsel present; (2) ...
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Declaration (law)
In law, a declaration is an authoritative establishment of fact. Declarations take various forms in different legal systems. Canon law In the canon law of the Catholic Church, a declaration of nullity, (commonly called an annulment and less commonly a decree of nullity) is authoritative judgment on the part of an ecclesiastical tribunal juridically establishing the fact that a marriage was invalidly contracted or, less frequently, a judgment juridically establishing the fact that an ordination was invalidly conferred. It does not dissolve a valid bond of marriage, but it is merely a factual declaration of the nullity of the bond. Common law In common law, a declaration ordinarily refers to a judgment of the court or an award of an arbitration tribunal that is a binding adjudication of the rights or other legal relations of the parties which does not provide for or order enforcement. Where the declaration is made by a court, it is usually referred to as a ''declaratory judgm ...
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Apostille Convention
The Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents, also known as the Apostille Convention, is an international treaty drafted by the Hague Conference on Private International Law (HCCH). It is intended to simplify the procedure through which a document, issued in one of the contracting states, can be certified for legal purposes in all the other contracting states. A certification under the Convention is called an apostille or Hague apostille (from French ''apostille'', meaning a marginal or bottom note, from Latin ''post illa'', literally "after those ords of the text).Apostille Handbook
Hague Conference on Private International Law, 2013.
It is an international certification comparable to a
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Disbarment
Disbarment, also known as striking off, is the removal of a lawyer from a bar association or the practice of law, thus revoking their law license or admission to practice law. Disbarment is usually a punishment for unethical or criminal conduct but may also be imposed for incompetence or incapacity. Procedures vary depending on the law society; temporary disbarment may be referred to as suspension. Australia In Australia, states regulate the Legal Profession under state law, despite many participating in a uniform scheme. Admission as a lawyer is the business of the admissions board and the Supreme Court. Disciplinary proceedings may be commenced by the Bar Association or the Law Society of which one is a member, or the board itself. Germany In Germany, a '' Berufsverbot'' is a ban on practicing a profession, which the government can issue to a lawyer for misconduct, '' Volksverhetzung'' or for serious mismanagement of personal finances. In April 1933, the Nazi governmen ...
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Officer Of The Court
In common law jurisdictions, the generic term officer of the court is applied to all those who, in some degree in the function of their professional or similar qualifications, have a part in the legal system. Officers of the court may include entities such as judges, lawyers, and paralegals, and should not be confused with court officers, the law enforcement personnel who work in courts. Officers of the court have legal and ethical obligations. They are tasked to participate to the best of their ability in the functioning of the judicial system to forge justice out of the application of the law and the simultaneous pursuit of the legitimate interests of all parties and the general good of society. Court proper Foremost those who make the decisions that determine the course of justice and its outcome: * judges, magistrates, and arbitrators. * prosecutors and crime victim advocates. * attorneys for each party – the Supreme Court of the United States held in ''Ex parte Gar ...
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