California Private Investigator Practice Exam

What is the main distinction between an affidavit and a declaration?

1. A declaration includes a jurat, while an affidavit does not

2. Affidavits are not sworn to, while declarations are

3. Affidavits require an oath, while declarations do not

4. An affidavit is less formal than a declaration

The correct answer is: Affidavits require an oath, while declarations do not

The distinction between an affidavit and a declaration primarily revolves around the requirement of an oath. An affidavit is a written statement that is made under oath, meaning the person signing the affidavit is affirming the truthfulness of the statement before a notary public or other authorized official. This process gives the affidavit a higher level of authenticity and legal validation since the individual is essentially declaring that the content is true under penalty of perjury. In contrast, while a declaration is also a written statement made by a person, it does not require the person to take an oath. Instead, it is typically signed under penalty of perjury, which means that the signatory asserts the statement is true but does not have to do so in the presence of a notary. This makes declarations somewhat less formal than affidavits, which is reflected in their usage in different legal and procedural contexts. Understanding the nuances between these two types of statements is crucial for legal documentation and proceedings, particularly for private investigators, who may need to determine which form of statement is appropriate for their purposes.