Podcast
Questions and Answers
Which of the following is NOT true about an affidavit?
Which of the following is NOT true about an affidavit?
- An affidavit should lay out the facts in an unequivocal manner
- An affidavit must draw conclusions of law (correct)
- An affidavit should not be argumentative
- An affidavit should only state facts on the basis of firsthand, personal knowledge
What does it mean for an affidavit to be argumentative?
What does it mean for an affidavit to be argumentative?
- It makes legal arguments (correct)
- It states facts based on personal knowledge
- It does not draw conclusions of law
- It presents the facts in a clear and concise manner
What is the purpose of making short, positive statements of fact and/or negative averments in an affidavit?
What is the purpose of making short, positive statements of fact and/or negative averments in an affidavit?
- To draw conclusions of law
- To state opinions
- To make legal arguments
- To place the burden of proof on your opponent (correct)
Which type of officer is authorized to administer oaths in order to certify an affidavit?
Which type of officer is authorized to administer oaths in order to certify an affidavit?
What is the purpose of numbering paragraphs in an affidavit?
What is the purpose of numbering paragraphs in an affidavit?
Which statement about an affidavit is true?
Which statement about an affidavit is true?
What is the significance of including the phrase 'true, correct, and complete' in the closing statement of an affidavit?
What is the significance of including the phrase 'true, correct, and complete' in the closing statement of an affidavit?
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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.
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