7 Questions
Which of the following is NOT true about an affidavit?
An affidavit must draw conclusions of law
What does it mean for an affidavit to be argumentative?
It makes legal arguments
What is the purpose of making short, positive statements of fact and/or negative averments in an affidavit?
To place the burden of proof on your opponent
Which type of officer is authorized to administer oaths in order to certify an affidavit?
A notary public
What is the purpose of numbering paragraphs in an affidavit?
To identify particular points or passages for future reference
Which statement about an affidavit is true?
An affidavit is a type of testimony
What is the significance of including the phrase 'true, correct, and complete' in the closing statement of an affidavit?
It ensures that the affidavit is not considered perjury
Study Notes
Key Points for Writing an Affidavit
- An affidavit should only state facts based on firsthand, personal knowledge.
- It should not include conjecture, theory, or hearsay.
- The affidavit should be factual and not argumentative or make legal arguments.
- It should not draw conclusions of law, but rather present the facts in a clear and unequivocal manner.
- The affidavit must be certified by an authorized officer, such as a notary public or public notary.
- Each page of the affidavit must be signed by the affiant.
- The paragraphs in the affidavit should be numbered for easy reference.
- Including multiple points of fact in the affidavit strengthens its validity.
- An affidavit is one form of testimony and stands as uncontroverted evidence if not rebutted by a counter affidavit.
- The affidavit must be executed with a sworn statement of truth, correctness, and completeness.
- A counter affidavit can invalidate or nullify an affidavit if it rebuts the stated facts.
- If the affidavit is not rebutted, it stands as the judgment of the law under common law.
Test your knowledge of writing a proper affidavit with this quiz! Learn about the importance of stating facts based on firsthand knowledge, avoiding conjecture and hearsay. Discover why it's crucial to present facts in an unequivocal manner and avoid making legal arguments in affidavits.
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