California Private Investigator Practice Exam

Which term describes a document asserting something is true, sworn under oath?

1. Testimony

2. Affidavit

3. Amicus Curiae

4. Subpoena

The correct answer is: Affidavit

The term that describes a document asserting something is true, sworn under oath, is an affidavit. An affidavit is a written statement confirmed by oath or affirmation, for use as evidence in court. This legal document is typically signed in the presence of a notary public or other official authorized to administer oaths, which adds to its credibility and legal standing. The individual making the affidavit is affirming that the information contained within is true to the best of their knowledge, under the penalty of perjury. In contrast, testimony refers to the evidence provided by a witness during a legal proceeding, which may not necessarily be in written form and is usually given orally in court. Amicus curiae refers to a person or entity that is not a party to a case but provides information or insight to assist the court in deciding the matter. A subpoena is a legal document ordering an individual to appear as a witness or produce documents in a legal proceeding, which does not inherently involve swearing to the truth of a statement. Thus, an affidavit specifically denotes the sworn assertion of truth, distinguishing it from these other legal terms.