New York State Private Investigator Practice Exam

Which of the following best describes an affidavit?

1. A defense strategy in court

2. A sworn written statement

3. An invitation to arbitration

4. A statement of guilt or innocence

The correct answer is: A sworn written statement

An affidavit is a sworn written statement that is made under oath before a notary public or other authorized official. It serves as a formal declaration of facts and is often used as evidence in legal proceedings. The key characteristic of an affidavit is that the person making the statement (the affiant) affirms that the contents are true to the best of their knowledge, and doing so carries legal implications, including penalties for perjury if the statements are found to be false. The other options do not accurately define an affidavit. A defense strategy in court refers to the approach a lawyer might take to assert the innocence or mitigate the consequences for a defendant, which is quite different from the concept of an affidavit. An invitation to arbitration involves a request to settle a dispute outside of court, which does not relate to sworn statements at all. Lastly, a statement of guilt or innocence pertains to the outcome of a trial or a person's admission regarding their criminal status, rather than a formal legal document like an affidavit.