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  #1  
Old 02-02-2008, 04:28
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The law term affidavit. And what it means.

Swim has a couple of lawyers in the family and when speaking with them he hears allot of law terms he doesn't understand(some he does). From time to time he remembers these terms and looks them up to get more information on them. While reading this one http://en.wikipedia.org/wiki/Affidavit he honestly got pissed off. This part

England and Wales

Affidavits are made by writing "I (state full name) of (insert address) on this date (date in words) make oath and say as follows...". After this has been written, the facts to be sworn are listed, in prose or in bullet points. The document is then taken to a commissioner for oaths (most solicitors are also commissioners for oaths). The commissioner for oaths then asks the witness to swear on a holy book and to verify what has been stated.






Why the hell is it ok to make someone swear on a holy book to verify that there telling the truth. This is utter bullshit. Btw swim was aware of this term before but had no idea of the international laws.







Watcha think?
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Old 02-02-2008, 17:53
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Re: The law term affidavit. And what it means.

Someone who is me puts on his paralegal hat:
An affidavit (in simple terms) is a pledge that the words you express (spoken or written) are the plain truth as you know them. This pledge can then be used in a court (in your absence) as if you were standing befor the judge in person.

Thats all an affidavit really is...a simple pledge (promise) of truth
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Old 02-02-2008, 19:30
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Re: The law term affidavit. And what it means.

I think you can have an oath for non believers without the implicit threat that you will be cast into everlasting damnation for telling those (doubtless well-meaning) lies.
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Old 04-02-2008, 18:00
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Re: The law term affidavit. And what it means.

What swim has a hard time understanding is from talking with the same lawyer he spoke to the first time was spoken that if (i believe he said) 3 people sign a affidavit saying they saw you commit a crime, the cops will actually pursue an arrest.


Although swim will say this:

When swim was younger his step-dad went to jail one night. The cops obtained a warrant (this was big) and come in through the windows/kicked the doors in the whole shabang. Swims step-dad is notoriously (a idiot) a drug addict. And had meth(also parts of a lab) and all kinds of paraphanelia and foil etc laying around. The cops did not charge with any because in the united states cops can only siezure and charge with what is on the warrant.


Swims' not really got anythign to worry about (unless they find all my japanese anime porn lol jk oh sailer moon! lmao) but in certain situations this could prove a real pain in the ass to say the least.


I guess all in all it is needed. Swim could see the importance of it in like a murder case or something.
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Old 05-02-2008, 07:29
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Re: The law term affidavit. And what it means.

It's metaphorical far as I tell. Same as alot of things in a court proceeding it's "Cerimonial." Guess it gives it more of a feeling of justice. Plus when you consider 53% (Or so one study said.) Believes that the Earth was created in line with the story in Genesis. If half the people are afraid to lie. (I would be if I believed in some kind of watchful and vengeful overlord.) I'd say it's worth it.
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Old 06-02-2008, 05:11
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Re: The law term affidavit. And what it means.

Quote:
Originally Posted by doppey View Post
It's metaphorical far as I tell. Same as alot of things in a court proceeding it's "Cerimonial." Guess it gives it more of a feeling of justice. Plus when you consider 53% (Or so one study said.) Believes that the Earth was created in line with the story in Genesis. If half the people are afraid to lie. (I would be if I believed in some kind of watchful and vengeful overlord.) I'd say it's worth it.
Even if you remove theology and ritualistic "legal" procedure from a court there remains its purpose. To examine and resolve (fairly) questions (read problems) between two or more parties in a manner that all parties agree to abide by the findings of an appointed overseer.

In any such legal system there remains the fundemental dependance upon truth.

Truth and justice are distinct and unrelated.
Truth is a statment of fact devoid of bias and emotion.
Justice is different. There are many types of justice.

For example the death penalty is retributive justice...or retubrition for causing the death of another person witout remorse. The "eye for an eye...tooth for a tooth" type justice. Another is Distributive justice...the fair share. There are other types and terms of justice.

When it comes to creating justice..it is one's culture and social environment that define and enact a system that will hold the indivudials of the culture togeather as a unit (society).
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