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In California, what is the key element that distinguishes a false statement as perjury?
In California, what is the key element that distinguishes a false statement as perjury?
- The statement is later proven to be incorrect.
- The statement causes harm to another person.
- The statement is made under oath or penalty of perjury. (correct)
- The statement is made to a public official.
A witness provides false testimony in court while not under oath. Could this be considered perjury under California law?
A witness provides false testimony in court while not under oath. Could this be considered perjury under California law?
- Yes, if the judge determines the false testimony was intentional.
- No, unless the false statement directly affects the outcome of the case.
- No, because perjury requires the statement to be made under oath or penalty of perjury. (correct)
- Yes, because any false statement in a legal setting is perjury.
What is the potential consequence for making a false statement on a notary public application in California?
What is the potential consequence for making a false statement on a notary public application in California?
- Revocation of any existing notary public commission.
- A civil fine of up to \$1,000.
- A misdemeanor charge with a maximum one-year jail sentence.
- Imprisonment in the state prison for two, three, or four years. (correct)
What is the range of imprisonment a person could face if convicted of perjury in California?
What is the range of imprisonment a person could face if convicted of perjury in California?
In which of the following scenarios could a person be charged with perjury?
In which of the following scenarios could a person be charged with perjury?
What role does 'materiality' play in determining whether a statement constitutes perjury?
What role does 'materiality' play in determining whether a statement constitutes perjury?
A translator incorrectly interprets a witness's testimony, leading to a false statement being recorded. Who, if anyone, has committed perjury?
A translator incorrectly interprets a witness's testimony, leading to a false statement being recorded. Who, if anyone, has committed perjury?
An individual signs a legal document under penalty of perjury, mistakenly believing its contents to be true. Later, they discover the document contains false information. Have they committed perjury?
An individual signs a legal document under penalty of perjury, mistakenly believing its contents to be true. Later, they discover the document contains false information. Have they committed perjury?
A person is asked to testify under oath but refuses, believing they might incriminate themselves. Can they be charged with perjury?
A person is asked to testify under oath but refuses, believing they might incriminate themselves. Can they be charged with perjury?
To what extent does the concept of 'willfully' apply to perjury?
To what extent does the concept of 'willfully' apply to perjury?
Flashcards
Perjury
Perjury
Willfully stating something false as true under oath before a competent authority.
Perjury before a Notary
Perjury before a Notary
Making false statements under oath to a notary public.
Perjury on Notary Application
Perjury on Notary Application
Providing false information or omitting key details on a notary public application.
Punishment for Perjury
Punishment for Perjury
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Study Notes
- Perjury is committed when someone, under oath before a competent authority, intentionally makes a false statement about a material matter.
- This also applies to statements made under penalty of perjury, even without a formal oath.
- Lying under oath or affirmation before a notary public can be considered perjury.
- Providing false information or omitting required information on a notary public application can be prosecuted as perjury.
- Perjury in California is punishable by imprisonment in state prison for a term of two, three, or four years.
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