英文法律词典 O-1
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OATH. A declaration made according to law, before a competent tribunal or officer, to tell the truth; or it is the act of one who, when lawfully1 required to tell the truth, takes God to witness that what he says is true. It is a religious act by which the party invokes2 God not only to witness the truth and sincerity3 of his promise, but also to avenge4 his imposture5 or violated faith, or in other words to punish his perjury6 if he shall be guilty of it. l0 Toull. n. 343 a 348; Puff7. book, 4, c. 2, s. 4; Grot. book 2, c. 13, s. 1; Ruth Inst. book 1, ch. 14, s. 1; 1 Stark8. Ev. 80; Merl. Repert. Convention; Dalloz, Dict. Serment: Dur. n. 592, 593; 3 Bouv. Inst. n. 3180.

2. It is proper to distinguish two things in oaths; 1. The invocation by which the God of truth, who knows all things, is taken to witness. 2. The imprecation by which he is asked as a just and all-powerful being, to punish perjury.

3. The commencement of an oath is made by the party taking hold of the book, after being required by the officer to do so, and ends generally with the words,"so help you God," and kissing the book, when the form used is that of swearing on the Evangelists. 9 Car. & P. 137.

4. Oaths are taken in various forms; the most usual is upon the Gospel by taking the book in the hand; the words commonly used are, "You do swear that, " &c. "so help you God," and then kissing the book. The origin of this oath may be traced to the Roman law, Nov. 8, tit. 3; Nov. 74, cap. 5; Nov. 124, cap. 1; and the kissing the book is said to be an imitation of the priest's kissing the ritual as a sign of reverence9, before he reads it to the people. Rees, Cycl. h. v.

5. Another form is by the witness or party promising10 holding up his right hand while the officer repeats to him,"You do swear by Almighty11 God, the searcher of hearts, that," &c., "And this as you shall answer to God at the great day."

6. In another form of attestation12 commonly called an affirmation, (q. v.) the officer repeats, "You do solemnly, sincerely, and truly declare and affirm, that," &c.

7. The oath, however, may be varied13 in any other form, in order to conform to the religious opinions of the person who takes it. 16 Pick. 154, 156, 157; 6 Mass. 262; 2 Gallis. 346; Ry. & Mo. N. P. Cas. 77; 2 Hawks14, 458.

8. Oaths may conveniently be divided into promissory, assertory, judicial15 and extra judicial.

9. Among promissory oaths may be classed all those taken by public officers on entering into office, to support the constitution of the United States, and to perform the duties of the office.

10. Custom-house oaths and others required by law, not in judicial proceedings16, nor from officers entering into office, may be classed among the assertory oaths, when the party merely asserts the fact to be true.

11. Judicial oaths, or those administered in judicial proceedings.

12. Extra-judicial oaths are those taken without authority of law, which, though binding17 in foro conscientiae, do not render the persons who take them liable to the punishment of perjury, when false.

13. Oaths are also divided into various kinds with reference to the purpose for which they are applied18; as oath of allegiance, oath of calumny19, oath ad litem, decisory oath, oath of supremacy20, and the like. As to the persons authorized21 to administer oaths, see Gilp. R. 439; 1 Tyler, 347; 1 South. 297; 4 Wash. C. C. R. 555; 2 Blackf. 35.

14. The act of congress of June 1, 1789, 1 Story's L. U. S. p. 1, regulates the time and manner of administering certain oaths as follows:

§1. Be it enacted22, &c., That the oath or affirmation required by the sixth article of the constitution of the United States, shall be administered in the form following, to wit, "I, A B, do solemnly swear or affirm, (as the case may be,) that I will support the constitution of the United States." The said oath or affirmation shall be administered within three days after the passing of this act, by any one member of the senate, to the president of the senate, and by him to all the members, and to the secretary; and by the speaker of the house of representatives, to all the members who have not taken a similar oath, by virtue23 of a particular resolution of the said house, and to the clerk: and in case of the absence of any member from the service of either house, at the time prescribed for taking the said oath or affirmation, the same shall be administered to such member when he shall appear to take his seat.

15. - §2. That at the first session of congress after every general election of representatives, the oath or affirmation aforesaid shall be administered by any one member of the house of representatives to the speaker; and by him to all the members present, and to the clerk, previous to entering on any other business; and to the members who shall afterwards appear, previous to taking their seats. The president of the senate for the time being, shall also administer the said oath or affirmation to each senator who shall hereafter be elected, previous to his taking his seat; and in any future case of a president of the senate, who shall not have taken the said oath or affirmation, the same shall be administered to him by any one of the members of the senate.#p#副标题#e#

16. - §3. That the members of the several state legislatures, at the next session of the said legislatures respectively, and all executive and judicial officers of the several states, who have been heretofore chosen or appointed, or, who shall be chosen or appointed before the first day of August next, and who shall then be in office, shall, within one month thereafter, take the same oath or affirmation, except where they shall have taken it before which may be administered by any person authorized by the law of the state, in which such office shall be holden, to administer oaths. And the members of the several state legislatures, and all executive and judicial officers of the several states, who shall be chosen or appointed after the said first day of August, shall, before they proceed to execute the duties of their respective offices, take the foregoing oath or affirmation, which shall be administered by the person or persons, who, by the law of the state, shall be authorized to ad- minister the oath of office; and the person or persons so administering the oath hereby required to be taken, shall cause a record or certificate thereof to be made, in the same manner as, by the law of the state, he or they shall be directed to record or certify24 the oath of office.

17. - §4. That all officers appointed or hereafter to be appointed, under the authority of the United States, shall, before they act in their respective offices, take the same oath or affirmation, which shall be administered by the person or persons who shall be authorized by law to administer to such officers their respective oaths of office; and such officers shall incur25 the same penalties in case of failure, as shall be imposed by law in case of failure in taking their respective oaths of office.

18. - §5. That the secretary of the senate, and the clerk of the house of repreentatives, for the time being, shall, at the time of taking the oath or affirmation aforesaid, each take an oath or affirmation in the words following, to wit; "I, A B, secretary of the senate, or clerk of the house of representatives (as the case may be) of the United States of America, do solemnly swear or affirm, that I will truly and faithfully discharge the duties of my said office to the best of my knowledge and abilities."

19. There are several kinds of oaths, some of which are enumerated26 by law.

>20. Oath of calumny. This term is used in the civil law. It is an oath which a plaintiff was obliged to take that he was not actuated by a spirit of chicanery27 in commencing his action, but that he had bona fide a good cause of action. Poth. Pand. lib. 5, t. 16 and 17, s. 124. This oath is somewhat similar to our affidavit28 of a cause of action. Vide Dunlap's Adm. Pr. 289, 290.

21. No instance is known in which the oath of calumny has been adopted in practice in the admiralty courts of the United States; Dunl. Adm. Pr. 290; and by the 102d of the rules of the district court for the southern district of New York, the oath of calumny shall not be required of any party in any stage of a cause. Vide Inst. 4, 16, 1; Code, 2, 59, 2; Dig. 10, 2, 44; 1 Ware's R. 427.

22. Decisory oath. By this term in the civil law is understood an oath which one of the parties defers30 or refers back to the other, for the decision of the cause.

23. It may be deferred31 in any kind of civil contest whatever, in questions of possession or of claim; in personal actions and in real. The plaintiff may defer29 the oath to the defendant32, whenever he conceives he has not sufficient proof of the fact which is the foundation of his claim; and in like manner, the defendant may defer it to the plaintiff when he has not sufficient proof of his defence. The person to whom the oath is deferred, ought either to take it or refer it back, and if he will not do either, the cause should be decided33 against him. Poth. on Oblig. P. 4, c. 3, s. 4.

24. The decisory oath has been practically adopted in the district court of the United States, for the district of Massachusetts, and admiralty causes have been determined34 in that court by the oath decisory; but the cases in which this oath has been adopted, have been where the tender has been accepted; and no case is known to have occurred there in which the oath has been refused and tendered back to the adversary35. Dunl. Adm. Pr. 290, 291.

25. A judicial oath is a solemn declaration made in some form warranted by law, before a court of justice or some officer authorized to administer it, by which the person who takes it promises to tell the truth, the whole truth, and nothing but the truth, in relation to his knowledge of the matter then under examination, and appeals to God for his sincerity.

26. In the civil law, a judicial oath is that which is given in judgment36 by one party to another. Dig. 12, 2, 25.

27. Oath in litem, in the civil law, is an oath which was deferred to the complainant as to the value of the thing in dispute on failure of other proof, particularly when there was a fraud on the part of the defendant, and be suppressed proof in his possession. See Greenl. Ev. §348; Tait on Ev. 280; 1 Vern. 207; 1 Eq. Cas. Ab. 229; 1 Greenl. R. 27; 1 Yeates, R. 34; 12 Vin. Ab. 24. In general the oath of the party cannot, by the common law, be received to establish his claim, but to this there are exceptions. The oath in litem is admitted in two classes of cases: 1. Where it has been already proved, that the party against whom it is offered has been guilty of some fraud or other tortious or unwarrantable act of intermeddling with the complainant's goods, and no other evidence can be had of the amount of damages. As, for example, where a trunk of goods was delivered to a shipmaster at one port to be carried to another, and, on the passage, he broke the trunk open and rifled it of its contents; in an action by the owners of the goods against the shipmaster, the facts above mentioned having been proved aliunde, the plaintiff was held, a competent witness to testify as to the contents of the trunk. 1 Greenl. 27; and see 10 Watts37, 335; 1 Greenl. Ev. §348; 1 Yeates, 34; 2 Watts, 220; 1 Gilb. Ev. by Lofft, 244. 2. The oath in litem is also admitted on the ground of public policy, where it is deemed essential to the purposes of justice. Tait on Ev. 280. But this oath is admitted only on the ground of necessity. An example may be mentioned of a case where a statute38 can receive no execution, unless the party interested be admitted as a witness. 16 Pet. 203.

28. A promissory oath is an oath taken, by authority of law, by which the party declares that he will fulfil 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 breach39 of this does not involve the party in the legal crime or punishment of perjury.

29. A suppletory oath in the civil and ecclesiastical law, is an oath required by the judge from either party in a cause, upon half proof already made, which being joined to half proof, supplies the evidence required to enable the judge to pass upon the subject. Vide Str. 80; 3 Bl. Com. 270.

30. A purgatory40 oath is one by which one destroys the presumptions41 which were against him, for he is then said to purge42 himself, when he removes the suspicions which were against him; as, when a man is in contempt for not attending court as a witness, he may purge himself of the contempt, by swearing to a fact which is an ample excuse. See Purgation.



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1 lawfully hpYzCv     
adv.守法地,合法地;合理地
参考例句:
  • Lawfully established contracts shall be protected by law. 依法成立的合同应受法律保护。 来自口语例句
  • As my lawfully wedded husband, in sickness and in health, till death parts us. 当成是我的合法丈夫,无论疾病灾难,直到死亡把我们分开。 来自电影对白
2 invokes fc473a1a023d32fa292eb356a237b5d0     
v.援引( invoke的第三人称单数 );行使(权利等);祈求救助;恳求
参考例句:
  • The Roundtable statement invokes the principles of the free market system. 企业界圆桌会议的声明援用了自由市场制度的原则。 来自辞典例句
  • When no more storage is available, the system invokes a garbage collector. 当没有可用的存贮时,系统就调用无用单元收集程序。 来自辞典例句
3 sincerity zyZwY     
n.真诚,诚意;真实
参考例句:
  • His sincerity added much more authority to the story.他的真诚更增加了故事的说服力。
  • He tried hard to satisfy me of his sincerity.他竭力让我了解他的诚意。
4 avenge Zutzl     
v.为...复仇,为...报仇
参考例句:
  • He swore to avenge himself on the mafia.他发誓说要向黑手党报仇。
  • He will avenge the people on their oppressor.他将为人民向压迫者报仇。
5 imposture mcZzL     
n.冒名顶替,欺骗
参考例句:
  • Soiled by her imposture she remains silent.她背着冒名顶替者的黑锅却一直沉默。
  • If they knew,they would see through his imposture straight away.要是他们知道,他们会立即识破他的招摇撞骗行为。
6 perjury LMmx0     
n.伪证;伪证罪
参考例句:
  • You'll be punished if you procure the witness to commit perjury.如果你诱使证人作伪证,你要受罚的。
  • She appeared in court on a perjury charge.她因被指控做了伪证而出庭受审。
7 puff y0cz8     
n.一口(气);一阵(风);v.喷气,喘气
参考例句:
  • He took a puff at his cigarette.他吸了一口香烟。
  • They tried their best to puff the book they published.他们尽力吹捧他们出版的书。
8 stark lGszd     
adj.荒凉的;严酷的;完全的;adv.完全地
参考例句:
  • The young man is faced with a stark choice.这位年轻人面临严峻的抉择。
  • He gave a stark denial to the rumor.他对谣言加以完全的否认。
9 reverence BByzT     
n.敬畏,尊敬,尊严;Reverence:对某些基督教神职人员的尊称;v.尊敬,敬畏,崇敬
参考例句:
  • He was a bishop who was held in reverence by all.他是一位被大家都尊敬的主教。
  • We reverence tradition but will not be fettered by it.我们尊重传统,但不被传统所束缚。
10 promising BkQzsk     
adj.有希望的,有前途的
参考例句:
  • The results of the experiments are very promising.实验的结果充满了希望。
  • We're trying to bring along one or two promising young swimmers.我们正设法培养出一两名有前途的年轻游泳选手。
11 almighty dzhz1h     
adj.全能的,万能的;很大的,很强的
参考例句:
  • Those rebels did not really challenge Gods almighty power.这些叛徒没有对上帝的全能力量表示怀疑。
  • It's almighty cold outside.外面冷得要命。
12 attestation fa087a97a79ce46bbb6243d8c4d26459     
n.证词
参考例句:
  • According to clew, until pay treasure attestation the success. 按照提示,直到支付宝认证成功。 来自互联网
  • Hongkong commercial college subdecanal. Specialty division of international attestation. 香港商学院副院长,国际认证专业培训师。 来自互联网
13 varied giIw9     
adj.多样的,多变化的
参考例句:
  • The forms of art are many and varied.艺术的形式是多种多样的。
  • The hotel has a varied programme of nightly entertainment.宾馆有各种晚间娱乐活动。
14 hawks c8b4f3ba2fd1208293962d95608dd1f1     
鹰( hawk的名词复数 ); 鹰派人物,主战派人物
参考例句:
  • Two hawks were hover ing overhead. 两只鹰在头顶盘旋。
  • Both hawks and doves have expanded their conditions for ending the war. 鹰派和鸽派都充分阐明了各自的停战条件。
15 judicial c3fxD     
adj.司法的,法庭的,审判的,明断的,公正的
参考例句:
  • He is a man with a judicial mind.他是个公正的人。
  • Tom takes judicial proceedings against his father.汤姆对他的父亲正式提出诉讼。
16 proceedings Wk2zvX     
n.进程,过程,议程;诉讼(程序);公报
参考例句:
  • He was released on bail pending committal proceedings. 他交保获释正在候审。
  • to initiate legal proceedings against sb 对某人提起诉讼
17 binding 2yEzWb     
有约束力的,有效的,应遵守的
参考例句:
  • The contract was not signed and has no binding force. 合同没有签署因而没有约束力。
  • Both sides have agreed that the arbitration will be binding. 双方都赞同仲裁具有约束力。
18 applied Tz2zXA     
adj.应用的;v.应用,适用
参考例句:
  • She plans to take a course in applied linguistics.她打算学习应用语言学课程。
  • This cream is best applied to the face at night.这种乳霜最好晚上擦脸用。
19 calumny mT1yn     
n.诽谤,污蔑,中伤
参考例句:
  • Calumny is answered best with silence.沉默可以止谤。
  • Calumny require no proof.诽谤无需证据。
20 supremacy 3Hzzd     
n.至上;至高权力
参考例句:
  • No one could challenge her supremacy in gymnastics.她是最优秀的体操运动员,无人能胜过她。
  • Theoretically,she holds supremacy as the head of the state.从理论上说,她作为国家的最高元首拥有至高无上的权力。
21 authorized jyLzgx     
a.委任的,许可的
参考例句:
  • An administrative order is valid if authorized by a statute.如果一个行政命令得到一个法规的认可那么这个命令就是有效的。
22 enacted b0a10ad8fca50ba4217bccb35bc0f2a1     
制定(法律),通过(法案)( enact的过去式和过去分词 )
参考例句:
  • legislation enacted by parliament 由议会通过的法律
  • Outside in the little lobby another scene was begin enacted. 外面的小休息室里又是另一番景象。 来自英汉文学 - 嘉莉妹妹
23 virtue BpqyH     
n.德行,美德;贞操;优点;功效,效力
参考例句:
  • He was considered to be a paragon of virtue.他被认为是品德尽善尽美的典范。
  • You need to decorate your mind with virtue.你应该用德行美化心灵。
24 certify tOozp     
vt.证明,证实;发证书(或执照)给
参考例句:
  • I can certify to his good character.我可以证明他品德好。
  • This swimming certificate is to certify that I can swim one hundred meters.这张游泳证是用以证明我可以游100米远。
25 incur 5bgzy     
vt.招致,蒙受,遭遇
参考例句:
  • Any costs that you incur will be reimbursed in full.你的所有花费都将全额付还。
  • An enterprise has to incur certain costs and expenses in order to stay in business.一个企业为了维持营业,就不得不承担一定的费用和开支。
26 enumerated 837292cced46f73066764a6de97d6d20     
v.列举,枚举,数( enumerate的过去式和过去分词 )
参考例句:
  • A spokesperson enumerated the strikers' demands. 发言人列数罢工者的要求。 来自《简明英汉词典》
  • He enumerated the capitals of the 50 states. 他列举了50个州的首府。 来自《现代汉英综合大词典》
27 chicanery 5rIzP     
n.欺诈,欺骗
参考例句:
  • We will continue to see such chicanery in the future.在往后的日子我们仍将看到这样的骗局持续上演。
  • Why do you give me so much chicanery as a explanation?你为什么给我那么多狡辩的解释?
28 affidavit 4xWzh     
n.宣誓书
参考例句:
  • I gave an affidavit to the judge about the accident I witnessed.我向法官提交了一份关于我目击的事故的证词。
  • The affidavit was formally read to the court.书面证词正式向出席法庭的人宣读了。
29 defer KnYzZ     
vt.推迟,拖延;vi.(to)遵从,听从,服从
参考例句:
  • We wish to defer our decision until next week.我们希望推迟到下星期再作出决定。
  • We will defer to whatever the committee decides.我们遵从委员会作出的任何决定。
30 defers eed0aba41cf1003ca187adce52abb3cf     
v.拖延,延缓,推迟( defer的第三人称单数 );服从某人的意愿,遵从
参考例句:
  • She never defers to her parents' opinions. 她从来不听从父母的意见。 来自辞典例句
  • Even in Iraq, America defers to the elected government. 即使在伊拉克,美国也要遵从他的民选政府。 来自互联网
31 deferred 43fff3df3fc0b3417c86dc3040fb2d86     
adj.延期的,缓召的v.拖延,延缓,推迟( defer的过去式和过去分词 );服从某人的意愿,遵从
参考例句:
  • The department deferred the decision for six months. 这个部门推迟了六个月才作决定。
  • a tax-deferred savings plan 延税储蓄计划
32 defendant mYdzW     
n.被告;adj.处于被告地位的
参考例句:
  • The judge rejected a bribe from the defendant's family.法官拒收被告家属的贿赂。
  • The defendant was borne down by the weight of evidence.有力的证据使被告认输了。
33 decided lvqzZd     
adj.决定了的,坚决的;明显的,明确的
参考例句:
  • This gave them a decided advantage over their opponents.这使他们比对手具有明显的优势。
  • There is a decided difference between British and Chinese way of greeting.英国人和中国人打招呼的方式有很明显的区别。
34 determined duszmP     
adj.坚定的;有决心的
参考例句:
  • I have determined on going to Tibet after graduation.我已决定毕业后去西藏。
  • He determined to view the rooms behind the office.他决定查看一下办公室后面的房间。
35 adversary mxrzt     
adj.敌手,对手
参考例句:
  • He saw her as his main adversary within the company.他将她视为公司中主要的对手。
  • They will do anything to undermine their adversary's reputation.他们会不择手段地去损害对手的名誉。
36 judgment e3xxC     
n.审判;判断力,识别力,看法,意见
参考例句:
  • The chairman flatters himself on his judgment of people.主席自认为他审视人比别人高明。
  • He's a man of excellent judgment.他眼力过人。
37 watts c70bc928c4d08ffb18fc491f215d238a     
(电力计量单位)瓦,瓦特( watt的名词复数 )
参考例句:
  • My lamp uses 60 watts; my toaster uses 600 watts. 我的灯用60瓦,我的烤面包器用600瓦。
  • My lamp uses 40 watts. 我的灯40瓦。
38 statute TGUzb     
n.成文法,法令,法规;章程,规则,条例
参考例句:
  • Protection for the consumer is laid down by statute.保障消费者利益已在法令里作了规定。
  • The next section will consider this environmental statute in detail.下一部分将详细论述环境法令的问题。
39 breach 2sgzw     
n.违反,不履行;破裂;vt.冲破,攻破
参考例句:
  • We won't have any breach of discipline.我们不允许任何破坏纪律的现象。
  • He was sued for breach of contract.他因不履行合同而被起诉。
40 purgatory BS7zE     
n.炼狱;苦难;adj.净化的,清洗的
参考例句:
  • Every step of the last three miles was purgatory.最后3英里时每一步都像是受罪。
  • Marriage,with peace,is this world's paradise;with strife,this world's purgatory.和谐的婚姻是尘世的乐园,不和谐的婚姻则是人生的炼狱。
41 presumptions 4bb6e62cc676264509a05ec20d1312e4     
n.假定( presumption的名词复数 );认定;推定;放肆
参考例句:
  • Much modern technological advance is based on these presumptions of legal security. 许多现代技术的发展都是基于这些法律安全设想的考虑。 来自互联网
  • What visions, what expectations and what presumptions can outsoar that flight? 那一种想象,那一种期望和推测能超越他之上呢? 来自互联网
42 purge QS1xf     
n.整肃,清除,泻药,净化;vt.净化,清除,摆脱;vi.清除,通便,腹泻,变得清洁
参考例句:
  • The new president carried out a purge of disloyal army officers.新总统对不忠诚的军官进行了清洗。
  • The mayoral candidate has promised to purge the police department.市长候选人答应清洗警察部门。
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