Maxim 3.8.2
A minor cannot take an oath.
Minor jurare non potest.
Source: Co. Litt. 172b; Litt. 289; Weisman, 80b
Difficulty 2/5 — Approachable
Explanation
Because an oath binds the conscience and carries legal penalties for its breach, the law does not permit a minor — who cannot fully appreciate these consequences — to swear one.
Where this applies
- A child is asked to testify under oath in court.
- A minor is required to swear an affidavit.
Topics
See also
Cite this maxim
NeCede Max. 3.8.2 — A minor cannot take an oath. — Co. Litt. 172b; Litt. 289; Weisman, 80b (Minor jurare non potest.)
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