Everyday Legal terms
EVERYDAY LEGAL TERMS.
For a lawyer, certain terms are prima facie seen as part and parcel of his profession, hence these terms are not strange to him i.e he is familiar with them. It is however a different case entirely for a layman to legal matters. It is then important that such layman to the legal field has an idea about these terms to avoid some lawyers capitalize on their ignorance to make unwarranted profit for themselves. The aim of this daily post is to put in simple and short explanations, the meaning of these terms, so as to facilitate the lawyer-client relationship effectively. Hence, we will take a look at a concept or term each day.
- AFFIDAVIT.
An affidavit is simply any written statement made by a person (called an affiant or deponent) under an oath stating certain facts and attesting to it by signature or mark and administered by any person authorised to do so (e.g notary public).
Affidavits come into play frequently in legal matters. It may come up in contracts, criminal law, commercial law, divorce and debt proceedings, etc.
Affidavits can serve as evidence in a court trial, hence it is so important to make sure these following features are included.
An affidavit must include the following:
The title of the case.
The identity of the person making the affidavit, his occupation and address.
It must state the age of the person making the affidavit.
In general, the evidence must be confined to such facts as the person is able to prove of their own knowledge and must state the means of such knowledge.
The affidavit must be dated and signed by the witness.
The affidavit must contain a jurat which is a section where the Commissioner for Oaths verifies that the affidavit was properly sworn.
WARNING: Never sign an affidavit without reading ALL facts that are stated in it to be sure you agree with whatever is stated therein. Where you don't and sign it or make a mark on it, thereby attesting to it, the court will hold it binding on you. This because the law presumes that you read everything before signing it.
Also, if one makes an affidavit containing false facts and the court discovers such, he may be charged with the contempt of court.
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