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NeCede's

Maxim 9.2.7

A foolish oath, though false, does not amount to perjury.

Stultum juramentum, licet falsum, tamen non committit perjurium.

Source: 2 Inst. 167; Weisman, 84g Difficulty 3/5 — Intermediate

Explanation

Where an oath is so vague, absurd, or impossible that it cannot affect the matter at issue, its falsity does not constitute the crime of perjury — the substance, not the form, determines the offense.

Where this applies

  • Someone made a silly or absurd oath that turned out to be false — is that perjury.
  • A sworn statement was about something so trivial or impossible it couldn't affect anything.
  • The false statement under oath was so vague it didn't really matter to the case.

Legal domains

See also

Cite this maxim

NeCede Max. 9.2.7 — A foolish oath, though false, does not amount to perjury. — 2 Inst. 167; Weisman, 84g (Stultum juramentum, licet falsum, tamen non committit perjurium.)

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