glossary
govind kumar
(Querist) 11 March 2011
This query is : Resolved
1 What is Nemo iudex in sua causa?
2 Affidavit & Notary Public.
Mamta
(Expert) 11 March 2011
From Wikipedia, the free encyclopedia
Nemo iudex in causa sua (or nemo iudex in sua causa) is a Latin phrase that means, literally, no-one should be a judge in their own cause. It is a principle of natural justice that no person can judge a case in which they have an interest. The rule is very strictly applied to any appearance of a possible bias, even if there is actually none: "Justice must not only be done, but must be seen to be done".
May also be called:
An affidavit is a formal sworn statement of fact, signed by the author, who is called the affiant or deponent, and witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public or commissioner of oaths. The name is Medieval Latin for he has declared upon oath. An affidavit is a type of verified statement or showing, or in other words, it contains a verification, meaning it is under oath or penalty of perjury, and this serves as evidence to its veracity and is required for court proceedings. Not all affidavits require a notary public for execution.
Uses of affidavits include: the court, the government, or who may otherwise fear for their safety if their true identities are revealed in court.
To obtain a declaration on a legal document, such as an application for voter registration, that the information provided by the applicant is truthful to the best of the applicant's knowledge. If, after signing such a declaration, the information is found to be deliberately untrue with the intent to deceive, the applicant may face perjury charges.
Affidavits may be written in the first or third person, depending on who drafted the document. If in the first person, the document's component parts are:
a commencement which identifies the affiant;
the individual averments, almost always numbered as mandated by law, each one making a separate claim;
a statement of truth[1] generally stating that everything is true, under penalty of perjury, fine, or imprisonment;
an attestation clause, usually a jurat, at the end certifying the affiant made oath and the date; and
signatures of the author and witness.
If an affidavit is notarized or authenticated, it will also include a caption with a venue and title in reference to judicial proceedings. In some cases, an introductory clause, called a preamble, is added attesting that the affiant personally appeared before the authenticating authority.
nemo iudex idoneus in propria causa est
nemo iudex in parte sua
nemo debet esse iudex in propria causa
in propria causa nemo iudex
The other principle of natural justice is "Hear the other party" (Audi alteram partem) otherwise put "Reasonable opportunity must be given to each party, to present his side of the case".
The legal effect of a breach of natural justice is normally to stop the proceedings and render any judgment invalid; it should be quashed or appealed, but may be remitted for a valid re-hearing.
A notary public (or notary or public notary) in the common law world is a public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business. A notary's main functions are to administer oaths and affirmations, take affidavits and statutory declarations, witness and authenticate the execution of certain classes of documents, take acknowledgments of deeds and other conveyances, protest notes and bills of exchange, provide notice of foreign drafts, prepare marine or ship's protests in cases of damage, provide exemplifications and notarial copies, and perform certain other official acts depending on the jurisdiction.[1] Any such act is known as a notarization. The term notary public only refers to common-law notaries and should not be confused with civil-law notaries.
With the exceptions of Louisiana, Puerto Rico, Quebec, whose private law is based on civil law, and British Columbia, whose notarial tradition stems from scrivener notary practice, a notary public in the rest of the United States and most of Canada has powers that are far more limited than those of civil-law or other common-law notaries, both of whom are qualified lawyers admitted to the bar: such notaries may be referred to as notaries-at-law or lawyer notaries. Therefore, at common law, notarial service is distinct from the practice of law, and giving legal advice and preparing legal instruments is forbidden to lay notaries such as those appointed throughout most of the United States of America.
