Testimony
Encyclopedia
In law
and in religion
, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath. The modern term 'testimony' is derived from this tradition.
, testimony is a form of evidence
that is obtained from a witness
who makes a solemn statement or declaration of fact. Testimony may be oral or written, and it is usually made by oath
or affirmation
under penalty of perjury
. Unless a witness is testifying as an expert witness
, testimony in the form of opinions or inferences is generally limited to those opinions or inferences that are rationally based on the perceptions of the witness and are helpful to a clear understanding of the witness' testimony.
When a witness is asked a question, the opposing attorney can raise an objection
, which is a legal move to disallow an improper question, preferably before the witness answers, and mentioning one of the standard reasons, including:
There may also be an objection to the answer, including:
Up until the mid-20th century, in much of the United States
, an attorney often had to follow an objection with an exception to preserve the issue for appeal. If an attorney failed to "take an exception" immediately after the court's ruling on the objection, he waived his client's right to appeal the issue. Exceptions have since been abolished, due to the widespread recognition that forcing lawyers to take them was a waste of time.
, testimony generally involves an inward belief or outward profession of faith or of personal religious experience.
Christians in general use the term "testify" or "to give one's testimony" to mean "the story of how one became a Christian"; less commonly it may refer to a specific event in a Christian's life in which they believe God has done something deemed particularly worth sharing. Christians often give their testimony at their own baptism
or at evangelistic events. In the current age of the Internet, many Christians have also placed their testimonies on the internet.
churches devote a portion of their mid-week service to allow members to give a personal testimony about their faith and experiences in living the Christian life.
In the Religious Society of Friends
, the word testimony is used to refer to the ways in which Friends
testify or bear witness to their beliefs in their everyday lives. In this context, the word testimony refers not to the underlying belief, but the committed action which arises out of their beliefs, which testifies to their beliefs. Common areas which modern Friends
are said to testify are testimony towards peace
, testimony to simplicity
, testimony to truth and integrity
, testimony to equality
.
In some religion
s (most notably Mormonism
and Islam
) many adherents testify as a profession of their faith
, often to a congregation of believers. In Mormonism
, testifying is also referred to as "bearing [sic] one's testimony," and often involves the sharing of personal experience—ranging from a simple anecdote to an account of personal revelation—followed by a statement of belief that has been confirmed by this experience. Within Mormon
culture
, the word "testimony" has become synonymous with "belief." An individual who no longer believes in the religion is referred to as having "lost their testimony."
or written autobiographical
narrative
s are considered "testimonial literature
" particularly when they present evidence
or first person
accounts of human rights
abuses, violence
and war
, and living under conditions of social oppression
. This usage of the term comes originally from Latin America
and the Spanish term "testimonio" when it emerged from human rights tribunal
s, truth commissions, and other international human rights instruments
in countries such as Chile
and Argentina
. One of the most famous, though controversial, of these works to be translated into English is I, Rigoberta Menchú. The autobiographies of Frederick Douglass
can be considered among the earliest significant English-language works in this genre
.
, a testimony is known as statements that are based on personal experience or personal knowledge. A statement is accepted on the basis of person's testimony if his or her asserting it renders it acceptable. We can also, rationally accept a claim on the basis of another persons testimony unless at least one of the following is found to be true: 1. the claim is implausible; 2. The person or the source in which the claim
is quoted lacks credibility
; 3. The claim goes beyond what the person could know from his or her own experience
and competence.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
and in religion
Religion
Religion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...
, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath. The modern term 'testimony' is derived from this tradition.
Etymology
The origin is "the Indo-European roots *tre- meaning 'three' and *sta- meaning 'stand'. A witness was 'a third person standing by'. From that came the verb testificare 'to bear witness', which evolved into Middle English testify in the fourteenth century."Law
In the lawLaw
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, testimony is a form of evidence
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
that is obtained from a witness
Witness
A witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...
who makes a solemn statement or declaration of fact. Testimony may be oral or written, and it is usually made by oath
Oath
An oath is either a statement of fact or a promise calling upon something or someone that the oath maker considers sacred, usually God, as a witness to the binding nature of the promise or the truth of the statement of fact. To swear is to take an oath, to make a solemn vow...
or affirmation
Affirmation in law
In law, an affirmation is a solemn declaration allowed to those who conscientiously object to taking an oath. An affirmation has exactly the same legal effect as an oath, but is usually taken to avoid the religious implications of an oath...
under penalty of perjury
Perjury
Perjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the witness falsely promises to tell the truth about matters which affect the outcome of the...
. Unless a witness is testifying as an expert witness
Expert witness
An expert witness, professional witness or judicial expert is a witness, who by virtue of education, training, skill, or experience, is believed to have expertise and specialised knowledge in a particular subject beyond that of the average person, sufficient that others may officially and legally...
, testimony in the form of opinions or inferences is generally limited to those opinions or inferences that are rationally based on the perceptions of the witness and are helpful to a clear understanding of the witness' testimony.
When a witness is asked a question, the opposing attorney can raise an objection
Objection (law)
In the law of the United States of America, an objection is a formal protest raised in court during a trial to disallow a witness's testimony or other evidence which would be in violation of the rules of evidence or other procedural law...
, which is a legal move to disallow an improper question, preferably before the witness answers, and mentioning one of the standard reasons, including:
- argumentative or inflammatory
- asked and answered
- best evidence ruleBest evidence ruleThe best evidence rule is a common law rule of evidence which can be traced back at least as far as the 18th century. In Omychund v Barker 1 Atk, 21, 49; 26 ER 15, 33, Lord Harwicke stated that no evidence was admissible unless it was "the best that the nature of the case will allow"...
- calls for speculation
- calls for a conclusion
- compound questionCompound questionA double-barreled question is an informal fallacy. It is committed when someone asks a question that touches upon more than one issue, yet allows only for one answer...
or narrative - hearsayHearsayHearsay is information gathered by one person from another person concerning some event, condition, or thing of which the first person had no direct experience. When submitted as evidence, such statements are called hearsay evidence. As a legal term, "hearsay" can also have the narrower meaning of...
- irrelevant, immaterial, incompetent (this is actually not a proper objection because the term "incompetent" is meaningless and the words "irrelevant" and "immaterial" have the same meaning under the Federal Rules of Evidence). Historically, however, the phase had some meaning. Irrelevant evidence referred to evidence that has no provative value (i.e., does not tend to prove any fact). Immaterial refers to evidence that is probative, but not as to any fact material to the case. Incompetent is a catch-all for inadmissible, but typically referred to evidence that is probative of a material fact but is otherwise inadmissible, for example because it is hearsay or privileged. See Black's Law Dictionary (7th Ed.).
- lack of foundation
- leading questionLeading questionIn common law systems that rely on testimony by witnesses, a leading question or suggestive interrogation is a question that suggests the answer or contains the information the examiner is looking for. For example, this question is leading:...
- privilegePrivilege (evidence)An evidentiary privilege is a rule of evidence that allows the holder of the privilege to refuse to provide evidence about a certain subject or to bar such evidence from being disclosed or used in a judicial or other proceeding....
- vague
- ultimate issue testimonyUltimate issue (law)An ultimate issue in criminal law is a legal issue at stake in the prosecution of a crime for which an expert witness is providing testimony.-Example:...
There may also be an objection to the answer, including:
- non-responsive
Up until the mid-20th century, in much of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, an attorney often had to follow an objection with an exception to preserve the issue for appeal. If an attorney failed to "take an exception" immediately after the court's ruling on the objection, he waived his client's right to appeal the issue. Exceptions have since been abolished, due to the widespread recognition that forcing lawyers to take them was a waste of time.
Religion
In religionReligion
Religion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...
, testimony generally involves an inward belief or outward profession of faith or of personal religious experience.
Christians in general use the term "testify" or "to give one's testimony" to mean "the story of how one became a Christian"; less commonly it may refer to a specific event in a Christian's life in which they believe God has done something deemed particularly worth sharing. Christians often give their testimony at their own baptism
Baptism
In Christianity, baptism is for the majority the rite of admission , almost invariably with the use of water, into the Christian Church generally and also membership of a particular church tradition...
or at evangelistic events. In the current age of the Internet, many Christians have also placed their testimonies on the internet.
Types
Many holinessHoliness movement
The holiness movement refers to a set of beliefs and practices emerging from the Methodist Christian church in the mid 19th century. The movement is distinguished by its emphasis on John Wesley's doctrine of "Christian perfection" - the belief that it is possible to live free of voluntary sin - and...
churches devote a portion of their mid-week service to allow members to give a personal testimony about their faith and experiences in living the Christian life.
In the Religious Society of Friends
Religious Society of Friends
The Religious Society of Friends, or Friends Church, is a Christian movement which stresses the doctrine of the priesthood of all believers. Members are known as Friends, or popularly as Quakers. It is made of independent organisations, which have split from one another due to doctrinal differences...
, the word testimony is used to refer to the ways in which Friends
Religious Society of Friends
The Religious Society of Friends, or Friends Church, is a Christian movement which stresses the doctrine of the priesthood of all believers. Members are known as Friends, or popularly as Quakers. It is made of independent organisations, which have split from one another due to doctrinal differences...
testify or bear witness to their beliefs in their everyday lives. In this context, the word testimony refers not to the underlying belief, but the committed action which arises out of their beliefs, which testifies to their beliefs. Common areas which modern Friends
Religious Society of Friends
The Religious Society of Friends, or Friends Church, is a Christian movement which stresses the doctrine of the priesthood of all believers. Members are known as Friends, or popularly as Quakers. It is made of independent organisations, which have split from one another due to doctrinal differences...
are said to testify are testimony towards peace
Peace Testimony
Peace testimony, or testimony against war, is a shorthand description of the action generally taken by members of the Religious Society of Friends for peace and against participation in war. Like other Quaker testimonies, it is not a "belief", but a description of committed actions, in this case...
, testimony to simplicity
Testimony of Simplicity
Testimony of Simplicity is a shorthand description of the actions generally taken by members of the Religious Society of Friends to testify or bear witness to their beliefs that a person ought to live his or her life simply in order to focus on what is most important and ignore or play down what...
, testimony to truth and integrity
Testimony of Integrity
Testimony to integrity and truth, refers to the way many members of the Religious Society of Friends testify or bear witness to their belief that one should live a life that is true to God, true to oneself, and true to others. To Friends, the concept of integrity includes personal wholeness and...
, testimony to equality
Testimony of Equality
Testimony of equality is a shorthand description of the action generally taken by members of the Religious Society of Friends towards equality, arising from Friends' belief that all people are created equal in the eyes of God. The word testimony describes the way that Friends testify or bear...
.
In some religion
Religion
Religion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...
s (most notably Mormonism
Mormonism
Mormonism is the religion practiced by Mormons, and is the predominant religious tradition of the Latter Day Saint movement. This movement was founded by Joseph Smith, Jr. beginning in the 1820s as a form of Christian primitivism. During the 1830s and 1840s, Mormonism gradually distinguished itself...
and Islam
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
) many adherents testify as a profession of their faith
Faith
Faith is confidence or trust in a person or thing, or a belief that is not based on proof. In religion, faith is a belief in a transcendent reality, a religious teacher, a set of teachings or a Supreme Being. Generally speaking, it is offered as a means by which the truth of the proposition,...
, often to a congregation of believers. In Mormonism
Mormonism
Mormonism is the religion practiced by Mormons, and is the predominant religious tradition of the Latter Day Saint movement. This movement was founded by Joseph Smith, Jr. beginning in the 1820s as a form of Christian primitivism. During the 1830s and 1840s, Mormonism gradually distinguished itself...
, testifying is also referred to as "bearing [sic] one's testimony," and often involves the sharing of personal experience—ranging from a simple anecdote to an account of personal revelation—followed by a statement of belief that has been confirmed by this experience. Within Mormon
Mormon
The term Mormon most commonly denotes an adherent, practitioner, follower, or constituent of Mormonism, which is the largest branch of the Latter Day Saint movement in restorationist Christianity...
culture
Culture of the Church of Jesus Christ of Latter-day Saints
A culture of The Church of Jesus Christ of Latter-day Saints, reflecting the cultural impact of basic beliefs and traditions of the church, distinguishes church members, practices, and activities...
, the word "testimony" has become synonymous with "belief." An individual who no longer believes in the religion is referred to as having "lost their testimony."
Literature
Some published oralOral history
Oral history is the collection and study of historical information about individuals, families, important events, or everyday life using audiotapes, videotapes, or transcriptions of planned interviews...
or written autobiographical
Autobiography
An autobiography is a book about the life of a person, written by that person.-Origin of the term:...
narrative
Narrative
A narrative is a constructive format that describes a sequence of non-fictional or fictional events. The word derives from the Latin verb narrare, "to recount", and is related to the adjective gnarus, "knowing" or "skilled"...
s are considered "testimonial literature
Literature
Literature is the art of written works, and is not bound to published sources...
" particularly when they present evidence
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
or first person
First-person narrative
First-person point of view is a narrative mode where a story is narrated by one character at a time, speaking for and about themselves. First-person narrative may be singular, plural or multiple as well as being an authoritative, reliable or deceptive "voice" and represents point of view in the...
accounts of human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
abuses, violence
Violence
Violence is the use of physical force to apply a state to others contrary to their wishes. violence, while often a stand-alone issue, is often the culmination of other kinds of conflict, e.g...
and war
War
War is a state of organized, armed, and often prolonged conflict carried on between states, nations, or other parties typified by extreme aggression, social disruption, and usually high mortality. War should be understood as an actual, intentional and widespread armed conflict between political...
, and living under conditions of social oppression
Oppression
Oppression is the exercise of authority or power in a burdensome, cruel, or unjust manner. It can also be defined as an act or instance of oppressing, the state of being oppressed, and the feeling of being heavily burdened, mentally or physically, by troubles, adverse conditions, and...
. This usage of the term comes originally from Latin America
Latin America
Latin America is a region of the Americas where Romance languages – particularly Spanish and Portuguese, and variably French – are primarily spoken. Latin America has an area of approximately 21,069,500 km² , almost 3.9% of the Earth's surface or 14.1% of its land surface area...
and the Spanish term "testimonio" when it emerged from human rights tribunal
Tribunal
A tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title....
s, truth commissions, and other international human rights instruments
International human rights instruments
International human rights instruments are treaties and other international documents relevant to international human rights law and the protection of human rights in general...
in countries such as Chile
Chile
Chile ,officially the Republic of Chile , is a country in South America occupying a long, narrow coastal strip between the Andes mountains to the east and the Pacific Ocean to the west. It borders Peru to the north, Bolivia to the northeast, Argentina to the east, and the Drake Passage in the far...
and Argentina
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
. One of the most famous, though controversial, of these works to be translated into English is I, Rigoberta Menchú. The autobiographies of Frederick Douglass
Frederick Douglass
Frederick Douglass was an American social reformer, orator, writer and statesman. After escaping from slavery, he became a leader of the abolitionist movement, gaining note for his dazzling oratory and incisive antislavery writing...
can be considered among the earliest significant English-language works in this genre
Genre
Genre , Greek: genos, γένος) is the term for any category of literature or other forms of art or culture, e.g. music, and in general, any type of discourse, whether written or spoken, audial or visual, based on some set of stylistic criteria. Genres are formed by conventions that change over time...
.
Philosophy
In philosophyPhilosophy
Philosophy is the study of general and fundamental problems, such as those connected with existence, knowledge, values, reason, mind, and language. Philosophy is distinguished from other ways of addressing such problems by its critical, generally systematic approach and its reliance on rational...
, a testimony is known as statements that are based on personal experience or personal knowledge. A statement is accepted on the basis of person's testimony if his or her asserting it renders it acceptable. We can also, rationally accept a claim on the basis of another persons testimony unless at least one of the following is found to be true: 1. the claim is implausible; 2. The person or the source in which the claim
Cause of action
In the law, a cause of action is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party. The term also refers to the legal theory upon which a plaintiff brings suit...
is quoted lacks credibility
Credibility
Credibility refers to the objective and subjective components of the believability of a source or message.Traditionally, modern, credibility has two key components: trustworthiness and expertise, which both have objective and subjective components. Trustworthiness is based more on subjective...
; 3. The claim goes beyond what the person could know from his or her own experience
Experience
Experience as a general concept comprises knowledge of or skill in or observation of some thing or some event gained through involvement in or exposure to that thing or event....
and competence.
See also
- Cross-examinationCross-examinationIn law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination and may be followed by a redirect .- Variations by Jurisdiction :In...
- Daubert standardDaubert StandardThe Daubert standard is a rule of evidence regarding the admissibility of expert witnesses' testimony during United States federal legal proceedings. Pursuant to this standard, a party may raise a Daubert motion, which is a special case of motion in limine raised before or during trial to exclude...
- DepositionDeposition (law)In the law of the United States, a deposition is the out-of-court oral testimony of a witness that is reduced to writing for later use in court or for discovery purposes. It is commonly used in litigation in the United States and Canada and is almost always conducted outside of court by the...
- Direct examinationDirect examinationThe Direct Examination or Examination-in-Chief is one stage in the process of adducing evidence from witnesses in a court of law. Direct examination is the questioning of a witness by the party who called him or her, in a trial...
- Hostile witnessHostile witnessA hostile witness is a witness in a trial who testifies for the opposing party or a witness who offers adverse testimony to the calling party during direct examination.A witness called by the opposing party is presumed hostile...
- In limineIn limineMotion in limine is a legal written "request" or motion to a judge which can be used for civil or criminal proceedings and at the State or Federal level. A frequent use is at a pre-trial hearing or during an actual trial requesting that the judge rule that certain testimony regarding evidence or...
- Leading questionLeading questionIn common law systems that rely on testimony by witnesses, a leading question or suggestive interrogation is a question that suggests the answer or contains the information the examiner is looking for. For example, this question is leading:...
- Philosophical problems of testimonyPhilosophical problems of testimonyIn philosophy, testimony includes any words or utterances that are presented as evidence for the claims they express. This definition may be distinguished from the legal notion of testimony in that the speaker does not have to make a declaration of the truth of the facts.The role of testimony in...
- Redirect examinationRedirect examinationRedirect examination is the trial process by which the party who offered the witness has a chance to explain or otherwise qualify any damaging or accusing testimony brought out by the opponent during cross-examination...
- Strike from the recordStrike from the recordTo strike from the record is for a judge to forbid a decision maker to consider a particular piece of testimony or other evidence when deciding the case even though he or she has already learned what that evidence or testimony concerned. The commonly heard request is "move to strike", with the...
- Testimony in Jewish lawTestimony in Jewish lawTestimony in Jewish law consists of testimony by eligible witnesses to a Beit Din authorized to render decisions according to halakhah . Eligible witnesses must in almost all cases be free men who are not deaf, mentally or morally unsuitable, or too young for Bar Mitzvah; in particular, women are...