The administration of an oath is an indispensable requisite to the formation of a legal jury.

Explanation

(English-origin maxim.) Without the administration of an oath, no lawful jury is constituted — the oath is the foundation of the jury's authority and the guarantee of its fidelity.

Where this applies

• A criminal conviction is overturned because the jurors were never sworn in — without the oath, no lawful jury was ever formed.
• A defendant moves for a mistrial after discovering that the jury foreman was never administered the oath required by law.
• A civil verdict is vacated on appeal because the record shows the jury was seated and began deliberations without ever being sworn, making the entire proceeding invalid.