Jurare est Deum in testem vocare, et est actus divini cultus
/joo-RAH-ray est DAY-um in TES-tem vo-KAH-ray et est AK-toos dee-VEE-nee KUL-toos/·Latin maxim
Also known as:jurare est Deum in testem vocare · oath · swearing · juramentum
Written by attorneys · grounded in primary & secondary sources — see below
A Latin maxim characterizing an oath as an invocation of divine witness. The act carries religious significance by summoning God to attest to the truth of a statement.
Sources & Authorities
How it applies
Common Examples
6
Warrant Affidavit Oath
Officer Joanna Jung submitted an affidavit to a magistrate describing evidence of drug trafficking at a residence. The magistrate issued the warrant only after Jung swore under oath that the facts were true. The resulting search uncovered contraband that supported the prosecution.
Interrogatory Response Under Oath
Plaintiff Jason Jung served interrogatories on defendant Jimenez Motors seeking details of vehicle defects. The company responded with a signed written statement from its safety officer affirming the accuracy of the answers. The court later treated those sworn answers as binding admissions at trial.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Dictionaries
Judy Jacobs took the stand in a contract dispute. Before answering questions about the delivery date, the court clerk administered an oath requiring her to affirm that her testimony would be truthful. The jury later credited her sworn account when awarding damages.
Divorce Petition Affidavit
June Jiang and her spouse filed a joint petition stating under oath that their marriage was irretrievably broken. The court accepted the sworn statements without further hearing and entered the dissolution decree. The oath satisfied the statutory prerequisite for an uncontested finding.
Bar Applicant Loyalty Oath
Jennifer Jackson applied for admission to the state bar and executed an oath promising to support the federal and state constitutions. The licensing authority accepted the sworn commitment as satisfying character requirements. The court upheld the oath against a vagueness challenge.
Presidential Inaugural Oath
Jeffrey Jha was sworn in as President and recited the constitutional oath to faithfully execute the office. The ceremony invoked divine witness to the pledge. The oath marked the formal vesting of executive power under Article II.
Common questions
Frequently Asked
5
Why must warrants be supported by oath or affirmation under the Fourth Amendment?+
The Fourth Amendment requires probable cause supported by oath or affirmation before a warrant may issue. This ensures the affiant invokes divine witness to the facts presented to the magistrate.
Supporting sources
What form must interrogatory answers take under the civil rules?+
Each interrogatory must be answered separately and fully in writing under oath. The oath elevates the response to a sworn statement usable as evidence.
Supporting sources
When must a witness take an oath before testifying?+
Federal Rule of Evidence 603 requires every witness to give an oath or affirmation to testify truthfully before taking the stand. The oath impresses the duty on the witness's conscience.
Supporting sources
How does the Uniform Marriage and Divorce Act use oaths in dissolution proceedings?+
Section 305(a) permits the court to find a marriage irretrievably broken when the parties state under oath or affirmation that the marriage has ended. The sworn statements satisfy the statutory predicate for the decree.
Supporting sources
Is a generic oath to support the Constitution constitutionally valid?+
The Supreme Court upheld such oaths for public employees and bar applicants in 403 U.S. 207. The commitment is not impermissibly vague and does not chill protected speech.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…and laws of the United States. If judges were to be used to give effect to legislative acts repugnant to the Constitution the oath they take would be mockery. The particular phraseology of the Constitution confirms the principle that a law repugnant to the Constitution is void and that courts as well as other…