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NeCede's

Maxim 9.2.14

An infamous person is repelled or prevented from taking an oath.

Source: Co. Litt. 158; Bract. fol. 185; Weisman, 84i Difficulty 2/5 — Approachable

Explanation

(English-origin maxim.) A person whose character has been destroyed by conviction of an infamous crime is barred from taking an oath, because the law cannot trust the sworn word of one who has demonstrated contempt for truth.

Where this applies

  • A man convicted of perjury in a prior case is called as a witness — under the old common-law rule, his prior conviction for lying under oath bars him from taking an oath at all.
  • A person convicted of forgery wants to swear an affidavit in a property dispute — the court finds that someone who has demonstrated contempt for truth in official documents cannot be trusted to swear truthfully.
  • A witness who was previously convicted of fraud is offered to testify under oath — the opposing party argues that the witness's infamous character should prevent her from being sworn.

Legal domains

Cite this maxim

NeCede Max. 9.2.14 — An infamous person is repelled or prevented from taking an oath. — Co. Litt. 158; Bract. fol. 185; Weisman, 84i

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