JSU Law Enforcement Academy – Legal Practice Exam

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What is an example of a situation that would not be considered perjury?

Refusing to answer during a sworn deposition

Making a statement that is incorrect but true in context

Providing a false statement that is not material

A situation where providing a false statement is not material does not meet the legal definition of perjury. Perjury is defined as willfully telling a falsehood while under oath, specifically regarding a matter that is material to the case at hand. Materiality pertains to whether the statement has the potential to influence the outcome of the proceedings.

In essence, if the false statement does not bear on the issues to be resolved in the case, it does not rise to the level of perjury. For example, if a witness mistakenly states a detail about their personal history that has no relevance or impact on the trial’s substantive questions, this would not be considered perjury.

In contrast, refusing to answer during a sworn deposition, making an incorrect statement that may be contextual but not perjurious, or offering conflicting testimonies may raise legal questions or concerns, but they do not meet the specific criteria for perjury without the element of materiality in their falsehood.

Offering conflicting testimonies in a court of law

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