Ontario Barrister and Solicitor Practice Exam 2025 - Free Barrister and Solicitor Practice Questions and Study Guide

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What is the legal definition of an "affidavit"?

A verbal statement given in a trial

A sworn written statement used as evidence in court

The legal definition of an "affidavit" is indeed centered around the concept of a sworn written statement used as evidence in court. An affidavit is a document that contains a person's written statement of facts, which is made under oath or affirmation before a qualified official, such as a notary public. This process adds a layer of credibility to the statement, as the person providing the affidavit acknowledges the seriousness of the declaration under penalty of perjury.

The use of affidavits is crucial in legal proceedings, as they can serve as evidence to support motions, applications, and other legal documents presented to the court. Affidavits can be used in various contexts, including civil litigation, family law, and administrative proceedings, to establish facts without requiring the affiant to appear in person.

In contrast, other choices do not accurately capture the essence of an affidavit: a verbal statement given in a trial lacks the sworn written element and formal requirements; an informal document submitted for review does not possess the legal weight and format required of an affidavit; and a summary of legal arguments made in a case describes a different type of legal document entirely, typically referred to as a brief or memorandum, rather than an affidavit.

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An informal document submitted for review

A summary of legal arguments made in a case

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