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Testimony
TestimonyEvidence. The statement made by a witness under oath or affirmation RELATED TERMS-------------------------------------- Evidence Proof of fact(s) presented at a trial. The best and most common method is by oral testimony; where you have an eye-witness swear to tell the truth and to then relate to the court (or jury) their experience. Evidence is essential in convincing the judge or jury of your facts as the judge (or jury) is expected to start off with a blank slate; no preconceived idea or knowledge of the facts. So it is up to the opposing parties to prove (by providing evidence), to the satisfaction of the court (or jury), the facts needed to support their case. Besides oral testimony, an object can be deposited with the court (eg. a signed contract). This is sometimes called "real evidence." In other rarer cases, evidence can be circumstantial. Statement Pleading and in practice. In the courts of Pennsylvania, by the act to regulate arbitrations and proceedings in courts of justice, is enacted, "that in all cases where a suit may be brought in any court of record for the recovery of any debt founded on a verbal promise, book account, note, bond, penal or single bill, or all or any of them, and which from the amount thereof may not be cognizable before a justice of the peace, it shall be the duty of the plaintiff, either by himself, his agent or attorney, to file in the office of the pro-thonotary a statement of his, her or their demand, on or before the third day of the term to which the process issued is returnable, particularly specifying the date of the promise, book account, note, bond, penal or single bill or all or any of them, on which the demand is founded, and the whole amount which he, she, or they believe is justly due to him, her or them from the defendant." Witness The regular definition of this word is a person who perceives an event (by seeing, hearing, smelling or other sensory perception). The legal definition refers to the court-supervised recital of that sensory experience, in writing (deposition) or verbally (testimony). Oath A declaration made according to law, before a competent tribunal or officer, to tell the truth; or it is the act of one who, when lawfully required to tell the truth, takes God to witness that what he says is true. It is a religious act by which the party invokes God not only to witness the truth and sincerity of his promise, but also to avenge his imposture or violated faith, or in other words to punish his perjury if he shall be guilty of it. Affirmation A solemn and formal declaration that an affidavit is true. This is substituted for an oath in certain cases. SIMILAR TERMS-------------------------------------- Test Something by which to ascertain the truth respecting another thing. Testacy The state or condition of dying after making a will, which was valid at the time of testator's death. Testament Civil law. The appointment of an executor or testamentary heir, according to the formalities prescribed by law. Testamentary Belonging to a testament; as a testamentary gift; a testamen-tary guardian, or one appointed by will or testament; letters testamentary, or a writing under seal given by an officer lawfully authorized, granting power to one named as executor to execute a last will or testament. Testamentary capacity The legal ability to make a will. Testamentary heir Civil law. A testamentary heir is one who is constituted heir by testament executed in the form prescribed by law. He is so called to distinguish him from the legal heirs, who are called to the succession by the law; and from conventional heirs, who are so constituted by a contract inter vivos. Testamentary trust A trust which is to take effect only upon the death of the settlor and is commonly found as part of a will. Trusts which take effect during the life of the settlor are called inter vivos trusts. Testate One who dies having made a testament; a testator. This word is used in this sense, in the act of the legislature of Pennsylvania, entitled "An act relative to dower and for other purposes." Testator One who has made a testament or will. Testatrix A woman who makes a will or testament, is so called. Testatum Practice. The name of a writ which is issued by the court of one county, to the sheriff of another county, in the same state, when the defen-dant cannot be found in the county where the court is located; for example, after a judgment has been obtained, and a ca. sa. has been issued, which has been returned non est inventus, a testatum ca. sa. may be issued to the sheriff of the county where the defendant is. Teste Practice. The teste of a writ is the concluding clause, commencing with the word witness, &c. Testes Witnesses. Testify To testify. To give evidence according to law; the examination of a witness who declares his knowledge of facts. Testimonial proof Civil law. This word is used in the same sense as we use parol evidence, and, in contradistinction to literal proof, which is written evidence. Testmoigne This is an old and barbarous French word, signifying in the old books, evidence. PREVIOUS AND NEXT TERMS-------------------------------------- Testatum Practice. The name of a writ which is issued by the court of one county, to the sheriff of another county, in the same state, when the defen-dant cannot be found in the county where the court is located; for example, after a judgment has been obtained, and a ca. sa. has been issued, which has been returned non est inventus, a testatum ca. sa. may be issued to the sheriff of the county where the defendant is. Teste Practice. The teste of a writ is the concluding clause, commencing with the word witness, &c. Testes Witnesses. Testify To testify. To give evidence according to law; the examination of a witness who declares his knowledge of facts. Testimonial proof Civil law. This word is used in the same sense as we use parol evidence, and, in contradistinction to literal proof, which is written evidence. Testimony Testmoigne This is an old and barbarous French word, signifying in the old books, evidence. Texas The name of one of the new states of the United, States of America. Texas was an independent republic. By the joint resolution of congress of March 1, 1845, congress gave consent that the republic of Texas might be erected into a new state, to be called the state of Texas, with a republican form of government to be adopted by the people. Thainland Old English law. The land which was granted by the Saxon kings to their thains or thanes was so called. The most ancient method of conveyance The aptest word was "do" or "dedi", I give or have given. As the personal abilities of the feoffee were the inducement, his estate was confined to his person, and subsisted for life. By a feoffment, later, a fee-simple was frequently created. With livery of seisin, the feoffee had an estate at will. At present, land is transferred only by deed or will. The third approach The third approach -to conflicts law of theory. Under this approach conflict law problems are solved by general commentaries, texts and essays. It does not have the all-embracing numbered rules of the Second Approach found for example in the Dicey & Morris. Nor does it have a single solution of the First Approach found in the theory of the Statutists or Story's "comity" and territoriality. We thank you for using the Juridical Dictionary to search for Testimony. If you have a better definition for Testimony than the one presented here, please let us know by making use of the suggest a term option. This definition of Testimony may be disputed by other professionals. Our attempt is to provide easy definitions on Testimony and any other medical topic for the public at large.
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