Affidavit vs. Declaration: What's the Difference Anyway?

  Рет қаралды 26,448

Legal Seagull

Legal Seagull

Күн бұрын

The terms "affidavit" and "declaration" are often used interchangeably . . . but there are slight differences between the two. In this short episode, you will learn:
What is an affidavit?
What is a declaration?
How is an affidavit similar to a declaration?
What is the main difference between an affidavit and a declaration?
Why do some people prefer affidavits to declarations?
What obligations does an affiant or declarant have?
Like this episode? Check out more video, podcasts, and articles at www.TheLegalSeagull.com and subscribe to this KZbin channel for more!

Пікірлер: 53
@delosreyesrosa57
@delosreyesrosa57 7 ай бұрын
Do I need a affidavit to prove the date that we separated, and what he took that day?
@ralphmartin8125
@ralphmartin8125 5 ай бұрын
I'm totally using this amazing info on a date and when our baby is born, we are naming it after you! 😅🙏 ❤
@JOKing-ku8jg
@JOKing-ku8jg 4 жыл бұрын
The main difference between the two instrument's is one is public and cannot be made secret, and the other (affidavit) can be kept private depending on the matter involved.
@stayswervin554
@stayswervin554 2 жыл бұрын
Thanks
@nonachavez9776
@nonachavez9776 2 жыл бұрын
I have yu
@firstime
@firstime Жыл бұрын
Hi could I ask if PTO/AIA/01 is declaration from USPTO? or it is an oath? thanks
@albusdumbledore5160
@albusdumbledore5160 Жыл бұрын
I appreciate what this guy does
@embreesmith7613
@embreesmith7613 6 жыл бұрын
fantastic Dating Advice !!! btw, there is a significant difference in New York, to make it more confusing, an Affidavit may not have to be sworn to here
@TheLegalSeagull
@TheLegalSeagull 6 жыл бұрын
See! You come here for legal trivia and end get complimentary dating advice as well! Interesting regarding NY too!
@Adagiowellness
@Adagiowellness 6 ай бұрын
Excellent. Very very clear!
@icnobulyz8088
@icnobulyz8088 2 жыл бұрын
Good Bless you my Good Man .For your Sharing And Caring enough about creation and the obvious GRACEFUL Carictor you reflect in on an about this Blessed Creation you stand in and with HONOR and REMAIN loyal to your HUMANITY Any The one Sovereigns. What a Guy you no doubt have a room being prepared for you. I cant Thank you enough my friend for PRESENTMENT is such principles consciously actuall and comprehensive
@VaiComDeus89
@VaiComDeus89 Жыл бұрын
Are Certifications the same as declarations?
@freeairbreather2657
@freeairbreather2657 2 жыл бұрын
I'd be that one weirdo at the party who would find it an interesting subject, lol.
@markstoute197
@markstoute197 7 ай бұрын
The purpose of swearing an affidavit in front of a commissioner of oaths or notary public is to satisfy the court or tribunal that the identity of the the deponent/affiant was verified prior to swearing the affidavit. This is because the commissioner or notary public checks signature on the deponent's gov't-issued ID before the deponent signs the affidavit, and then compares the signature on it to the one on the deponent's ID to ensure they're the same.
@inkman6964
@inkman6964 2 жыл бұрын
The point of getting the seal of a notary makes the instrument international and above the court
@prentissarmstrong8750
@prentissarmstrong8750 5 жыл бұрын
I just looked up why notorized documents have to be witnessed when signed the other day. It's done to ensure that I ( you) are who you say you are, and that's you in fact signed it and not your buddy, gf, etc.
@alphaforce6998
@alphaforce6998 4 жыл бұрын
No, it has nothing to do with your identity. The basis is Biblical law, where two (or more) witnesses establish a claim as valid. (Deuteronomy 19:15) The Father will punish those who bear false witness quite severely - don't do it.
@prentissarmstrong8750
@prentissarmstrong8750 4 жыл бұрын
@@alphaforce6998 / yes actually it is to verify that the person or persons signing a document are who they say they are, that's why picture id is required. A public notary could not verfy that the contents of a document were true because in most cases the public notary and the signing parties don't know each other. So yes sir Identifition apsolutely has something to do with it. Lol I've asked God to spear you the fire and brimstone. After all you likely went to public school and so it's not your fault.
@alphaforce6998
@alphaforce6998 4 жыл бұрын
@@prentissarmstrong8750 No, you do not need to present an ID, fuckstick. Not everyone has one or wants one, and notary public was a thing long before "govt issued IDs" were around. You can bring...wait for it...TWO WITNESSES if the notary doesn't know you. So don't sit there and google your response then post as if you know WTF you are talking about. Most notaries don't even understand the role they play, let alone the fact that they are more than just document stampers. God does not hear the prayers of the Godless.
@prentissarmstrong8750
@prentissarmstrong8750 4 жыл бұрын
@@alphaforce6998 / frist of all I do believe that I say what ever I want, if you have a problem with that then your just stuck with a problem. Now that we got that out of the way,. If you are going to have two witness sign off on then why would you be at a public notary? The only thing I can remember witnesses signing is an affidavit. If done correctly it's the same as testifying basically. I'm not sure what that's called but I do know it's not noterised. For something to be noterised it requires a public notary, they have to certificate / license which ever you want to call it. Otherwise it's not noterised. And once again, the frist thing they are going to say is " do you have your ID with you" I know what your talking about I think they called it a common law notary but I'm not 100% on that. It seems like that method requires an ad be ran in the newspaper for 3 or 4 days as well. These days that method is primarily used to serve someone who can't be found. Something witnessed doesn't make it noterised, it's witnessed. Today that's done as a last resort. A bank won't do something like that so. I suspected it before, but now I'm sure of it, you did indeed go to public schools. So it's not your fault.
@alphaforce6998
@alphaforce6998 4 жыл бұрын
@@prentissarmstrong8750 You have the problem [of being a moron]. Talk all you want. Your wall of text just reiterates your general cluelessness. All notaries public (not public notaries) are common law entities. You may bring two witnesses in lieu of an ID - and they _affirm_ to you being who you claim to be. Why are you struggling with this simple fact? The notary witnesses you signing the document and administers the oath or affirmation if required. Otherwise they only attest to the particular document being signed by you at a date and time before them. US courts are corporate/administrative in nature. They do not operate according to common law unless such jurisdiction is properly demanded. US courts are not constitutional (article 3) but are purely kangaroo because of the fact that the US was and is under martial law since prior to the civil war.
@texasjusticeforall607
@texasjusticeforall607 5 жыл бұрын
Is an affidavit under pentalty of perjury?
@alphaforce6998
@alphaforce6998 4 жыл бұрын
Yes. It has to be a sworn statement or it's worthless. You can specify whatever jurisdiction you wish to swear under, such as "united states" or "without the united states" depending on your needs.
@ThinkingAhead54
@ThinkingAhead54 3 жыл бұрын
Try on a date!? LOL "you had me at affidavit"
@grimlocks
@grimlocks 5 жыл бұрын
Thanks for the video. Is a traffic ticket a declaration?
@secrets2youth
@secrets2youth 4 жыл бұрын
a traffic ticket is an offer to contract. you need to start looking up definitions in black's law dictionary, edition 5 and integrate...you also need an overview of everything as you are way off target.
@alphaforce6998
@alphaforce6998 4 жыл бұрын
It is a commercial presentment. Copy it for your records, Refuse for Cause, send the original back to the cop who gave it to you.
@moneypenni1694
@moneypenni1694 3 жыл бұрын
better yet, go to observation deck & learn how to NOT contract with a cop...AND how to not get swindled by traffic fines.
@opal9824
@opal9824 4 жыл бұрын
What about statement of truth? Can you explain please? What's the difference? Will the person still need to go and give testimony in court if they give a statement of truth?
@inkman6964
@inkman6964 2 жыл бұрын
A statement is just an account a bit like your bank statement and holds no power other than what the court has over you a notary sealed affidavit is your truth against another and needs to be sent the the other party first for them to rebut the facts you place in it if they don’t or can’t (as most corporations won’t sign because of the perjury part) it becomes your law (contract between parties) and nobody can say otherwise getting it sealed let’s it becomes an international instrument and a security if it has monetary value placed on it
@SuperFrank6666
@SuperFrank6666 11 ай бұрын
Would that make it a JURAT????
@isispace6749
@isispace6749 3 жыл бұрын
the notary alongside the apostile allows te document to travel through the ports
@jakovaelisrael8029
@jakovaelisrael8029 4 жыл бұрын
the notary public's signature means its already accepted by the court
@alphaforce6998
@alphaforce6998 4 жыл бұрын
Technically, notaries are a common law throwback while all courts today are commerical and administrative in nature, which means they operate on contracts (statutes) and may reject a document that is notarized if it is not already part of the public record. You can place any document you want on public record at your local clerk of court... I'd recommend at least having a well-written Affidavit of Recission on file.
@ericbriggs5828
@ericbriggs5828 3 жыл бұрын
@@jakovaelisrael8029 is Superior Court the same as Federal Court?
@jakovaelisrael8029
@jakovaelisrael8029 3 жыл бұрын
@@ericbriggs5828 a court of record being the superior court, can be sessioned federally or in an individual state, either one
@catherinemccann895
@catherinemccann895 5 жыл бұрын
Can anyone help me my housing coach asked me to sign a declaration no witness was there he has now contacted my mental health team to ask questions about me . I got no copy of this letter i was in my own home at the time
@alphaforce6998
@alphaforce6998 4 жыл бұрын
NEVER sign an affidavit or declaration you yourself didn't write. You always have the right to refuse.
@robertcarr272
@robertcarr272 2 жыл бұрын
Where is the 'oath' contained within the Declaration.
@funnyfarm62
@funnyfarm62 2 ай бұрын
Affidavit is used in Maritime law an admiralty law... Declarations are used exclusively in common law by we the people as state Nationals out side of the jurisdiction of the United States subcontractors under the constitutions ...
@Tendertroll1
@Tendertroll1 2 жыл бұрын
It worked on my date
@nonachavez9776
@nonachavez9776 2 жыл бұрын
Try to
@funnyfarm62
@funnyfarm62 2 ай бұрын
Law equals, Land, Air, an Water jurisdiction... Land equals, We the People jurisdiction... Air equals, jurisdiction of the Vatican... Water equals jurisdiction of the British territorial monarchs...
@shaungorham5479
@shaungorham5479 2 жыл бұрын
Hungary, Cool.
@catherinemccann895
@catherinemccann895 5 жыл бұрын
Does this give him the right to do this
@truthfiles5932
@truthfiles5932 5 жыл бұрын
legal knowledge is sexy
@jeangodinez5308
@jeangodinez5308 2 жыл бұрын
yup
@366nina
@366nina 2 жыл бұрын
😂😂😂
@Criss7771
@Criss7771 2 жыл бұрын
Sarcasm at it's finest.
@TheTruthAllDay
@TheTruthAllDay 8 ай бұрын
Please love America 🇺🇸 and vote for the Republican party #2024 #Conservatives @jasonwhitlock @meghankelly #Trump
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