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re: NFL presented Vilma w/sworn affidavit of GW stating Vilma offered 10k for Favre

Posted on 9/17/12 at 7:32 pm to
Posted by kclsufan
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Member since Jun 2008
12092 posts
Posted on 9/17/12 at 7:32 pm to
Here's some more on Affidavits vs. Declarations:

LINK

quote:

Affidavits are written documents attached to an oath or some affirmation (i.e., notary public) that the statements in the affidavit are true. Declarations are merely written documents that the author believes to be true, but the statements are given without the author being sworn in by a court officer. Declarations under the penalty of perjury (sometimes referred to as sworn statements) are very similar to affidavits Courts consider both to be legally equivalent, though most court systems and businesses still prefer affidavits over declarations.

Signature Requirements
Affidavits are signed in front of a notary public or commissioner of oaths and require notarization. Declarations must be signed only by the author, though sometimes before a justice of the peace or, at least, legal counsel. U.S. Code 1746 permits an individual to submit as true a declaration under the penalty of perjury.

Wording
Both affidavits and declarations require signatures of the authors. One who submits an affidavit is referred to as a "affiant." One who gives a declaration is called a "declarant." Declarations under the penalty of perjury must be accompanied by a statement in substantially this form: "I declare under penalty of perjury that the foregoing is true and correct," as well as the date on which it was executed and the declarant's signature.

Usage
Affidavits are used for court proceedings and legal documents, such as voter registration. When there is concrete evidence to which someone must swear, affidavits are still used more often than declarations. For patent registration, name changes and evidence testimony in which the the events are not absolutely clear, declarations are readily used.

Critiquing the Affidavit
An affidavit can inconvenience a witness because of the requirement that the witness be sworn and the written document notarized. It also incurs a notary fee, at the minimum. Some courts are turning to declarations under penalty of perjury as substitutes for affidavits because of the efficiency of these statements and their efficacy in forcing people to tell the truth.

The Other Statement
Alongside affidavits and declarations, depositions are often used to take the statements of witnesses. Depositions differ specifically in one way from affidavits: They allow for cross-examination. Depositions are recorded by the court reporter and become written transcripts that can be used in court. The witness is sworn in before making a deposition and is considered under oath, regardless of whether the deposition takes place in a courtroom.


Unless GW also gave a sworn statement "under penalty of perjury" in support of his statement, it's just his unsworn version of events IMO. But I'm not a lawyer and don't play one on TV.
Posted by Hoodoo Man
Sunshine Pumping most days.
Member since Oct 2011
31637 posts
Posted on 9/17/12 at 7:42 pm to
I wasn't gonna start a whole thread on this article.
But since this thread is a lively discussion of all things Goodell, I might as well post it.
Bill Simmons posted an article on Grantland discussing how the league is using big offensive plays and pass-happy quarterbacks to distract attention away from concussions.

quote:

When baseball antagonized fans with the '94 strike, the sport eventually recovered by juicing baseballs and becoming more lenient with performance-enhancing drugs... If the 32 owners wanted to distract fans the way baseball did, they would probably take the following four steps.

quote:

1. Allow their arrogant commissioner to bestow himself with unprecedented power without any real checks and balances.
Oh wait, they did that! Roger Goodell can do whatever he wants. It's amazing. He changes the rules as he goes along like he's the Bachelor Pad producer or something. If the NFL's commissionership worked like the American presidency, can you imagine the attack ads that Goodell's competitor could run during the 2012 election?
Would there be an easier incumbent candidate to topple? After the way he handled this Saints debacle, I'm seriously starting to wonder if he's the worst sports commissioner of my lifetime.

quote:

2. Pull a Joe McCarthy and scapegoat a signature team for being "too violent," whether they have enough evidence or not, just to prove that they're taking things seriously now and stuff.
Oh, wait, they did that, too. (Cut to everyone in New Orleans nodding.)

quote:

3. Lowball their officials even though the league makes billions of dollars — literally, billions and billions of dollars — and bring in a slew of inferior replacements so writers, bloggers and talking heads will waste millions of hours venting about shoddy officiating and how "THE LEAGUE NEEDS TO DO SOMETHING!!!"
Oh, wait, they did that, too! I mean … there can't possibly be any other explanation for lowballing your officials when they make a pittance compared to your overall profits and the well-being of your players, right?

quote:

4. Execute their version of "juicing the balls" by doing everything possible to ensure that "5,000 passing yards is the new 4,000" and maybe even have one of their stars flirt with 6,000 yards this season.
How could the league help us get [a QB to 6000 yards a season]? By subtly changing contact rules so only truly talented defensive backs can actually cover somebody. By protecting quarterbacks in the pocket to comical degrees. By overreacting with a massive fine every time a defensive back can't change the trajectory of a tackle at the last possible split second as a receiver is ducking, making all the defensive backs so gun-shy that every game turns into a faster version of the Pro Bow— Oh, wait, they've done all of those things!


Bill Simmons gets it, you guys.
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