AAERT CER EXAM Questions with Correct Answers (Grade A+)
Question 1: Standing (to sue) Doctrine.
Answer: Having sufficient interest in the outcome of an issue to permit filing a lawsuit or participating in an
action
Question 2: Statutory Law / Positive Law.
Answer: Law enacted by a legislature, as opposed to common law
Question 3: Statement / Declaration.
Answer: Written statement of facts, generally not made under oath; see affidavit
Question 4: Strike / Stricken.
Answer: To remove a portion of the record from consideration by a fact-finder. The material stricken
remains physically in existence, however, in case the ruling to strike is found, upon appeal, to be in error.
Question 5: Suborn.
Answer: To induce commission of an unlawful act, particularly to encourage perjured testimony from a
witness
Question 6: Subpoena / Subpoena Duces Tecum / Subpoena Ad Testificandum.
Answer:
1. Formal order to appear in court.
2. Duces Tecum-
3. Supply Specified Documents
4. Ad Testificandum-
5. Come Prepared to Testify
Question 7: Summary Judgment.
Answer: A procedure in civil cases where a party is entitled to prevail as a matter of law, there being no
genuine issue of material fact in dispute. The court's decision is rendered before completion of a full trial.
Question 8: Summons.
Answer: Official notice served upon a DEF that an action has been brought and ordering an appearance in
court to answer the complaint. An order in an administrative proceeding (such as an IRS tax audit) for
production of records, as by a financial institution.
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,Question 9: Surplusage.
Answer: Irrelevant matter in a proceeding. Excessive verbiage.
Question 10: Temporary Restraining Order "TRO".
Answer: Forbids a person from taking an action which, if performed, may cause irreparable harm. It lasts
until a hearing is held on the merits of the issue.
Question 11: Tenancy in Common / Joint Tenancy.
Answer: Ownership of real property by two or more persons, each of whom has an undivided interest,
whether with or without right of survivorship.
Question 12: Tort / Tortfeasor.
Answer: A tort is a civil wrong. A tortfeasor is a DEF who is alleged or is actually found to have committed
such a wrong.
Question 13: Trier of Fact.
Answer: One with responsibility to decide what evidence is true or which witnesses are to be believed.
Question 14: United States Code "USC".
Answer: The body of federal legislation enacted by Congress.
Question 15: Venue.
Answer: The place where something occurs. The place where a crime is committed. Geographic area in
which a jury is chosen. Jurisdiction in which a case is heard.
Question 16: Voire Dire.
Answer: 1. Examination of a Witness, particularly an expert witness, as to qualifications to testify on a
matter; means "to see" or "to say." 2. Examination of prospective Jurors to see if they are qualified to sit on
a jury.
Question 17: Within the Four Corners.
Answer: A document speaks for itself. The actual contents of documents which require no special
interpretation.
Question 18: Writ.
Answer: Court order requiring that an act be performed or granting authority to perform an act.
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, Question 19: Action.
Answer: A lawsuit
Question 20: Adverse Witness.
Answer: A witness whose testimony is prejudicial to the case of the party who called him, whether or not
the witness is actually hostile.
Question 21: Affidavit / Affiant.
Answer: Written statement of facts made under oath; an affiant signs an affidavit.
Question 22: Affirm.
Answer: To declare solemnly and formally. Although not using the form of an oath, an affiant is still subject
to the penalties of perjury.
Question 23: Aggravating / Mitigating Circumstances.
Answer: Considerations which either increase (aggravate) or decrease (mitigate) a sentence imposed in
criminal court under sentencing guidelines.
Question 24: Amendment.
Answer:
1. Change/Correction
2. (whether beneficial or not)
3. whether adding or subtracting
Question 25: Answer / Complaint.
Answer: Response by DEF denying PLTF complaint.
Question 26: Arbitration.
Answer: Dispute mediation by impartial third party.
Question 27: Arraignment.
Answer: Bringing an accused person into court to plead to a criminal charge.
Question 28: Arrest / Custody.
Answer: Restraint and detention of a person suspected of crime (temporary holding at scene of crime for
mere questioning is not an arrest).
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Question 1: Standing (to sue) Doctrine.
Answer: Having sufficient interest in the outcome of an issue to permit filing a lawsuit or participating in an
action
Question 2: Statutory Law / Positive Law.
Answer: Law enacted by a legislature, as opposed to common law
Question 3: Statement / Declaration.
Answer: Written statement of facts, generally not made under oath; see affidavit
Question 4: Strike / Stricken.
Answer: To remove a portion of the record from consideration by a fact-finder. The material stricken
remains physically in existence, however, in case the ruling to strike is found, upon appeal, to be in error.
Question 5: Suborn.
Answer: To induce commission of an unlawful act, particularly to encourage perjured testimony from a
witness
Question 6: Subpoena / Subpoena Duces Tecum / Subpoena Ad Testificandum.
Answer:
1. Formal order to appear in court.
2. Duces Tecum-
3. Supply Specified Documents
4. Ad Testificandum-
5. Come Prepared to Testify
Question 7: Summary Judgment.
Answer: A procedure in civil cases where a party is entitled to prevail as a matter of law, there being no
genuine issue of material fact in dispute. The court's decision is rendered before completion of a full trial.
Question 8: Summons.
Answer: Official notice served upon a DEF that an action has been brought and ordering an appearance in
court to answer the complaint. An order in an administrative proceeding (such as an IRS tax audit) for
production of records, as by a financial institution.
Page 1
,Question 9: Surplusage.
Answer: Irrelevant matter in a proceeding. Excessive verbiage.
Question 10: Temporary Restraining Order "TRO".
Answer: Forbids a person from taking an action which, if performed, may cause irreparable harm. It lasts
until a hearing is held on the merits of the issue.
Question 11: Tenancy in Common / Joint Tenancy.
Answer: Ownership of real property by two or more persons, each of whom has an undivided interest,
whether with or without right of survivorship.
Question 12: Tort / Tortfeasor.
Answer: A tort is a civil wrong. A tortfeasor is a DEF who is alleged or is actually found to have committed
such a wrong.
Question 13: Trier of Fact.
Answer: One with responsibility to decide what evidence is true or which witnesses are to be believed.
Question 14: United States Code "USC".
Answer: The body of federal legislation enacted by Congress.
Question 15: Venue.
Answer: The place where something occurs. The place where a crime is committed. Geographic area in
which a jury is chosen. Jurisdiction in which a case is heard.
Question 16: Voire Dire.
Answer: 1. Examination of a Witness, particularly an expert witness, as to qualifications to testify on a
matter; means "to see" or "to say." 2. Examination of prospective Jurors to see if they are qualified to sit on
a jury.
Question 17: Within the Four Corners.
Answer: A document speaks for itself. The actual contents of documents which require no special
interpretation.
Question 18: Writ.
Answer: Court order requiring that an act be performed or granting authority to perform an act.
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, Question 19: Action.
Answer: A lawsuit
Question 20: Adverse Witness.
Answer: A witness whose testimony is prejudicial to the case of the party who called him, whether or not
the witness is actually hostile.
Question 21: Affidavit / Affiant.
Answer: Written statement of facts made under oath; an affiant signs an affidavit.
Question 22: Affirm.
Answer: To declare solemnly and formally. Although not using the form of an oath, an affiant is still subject
to the penalties of perjury.
Question 23: Aggravating / Mitigating Circumstances.
Answer: Considerations which either increase (aggravate) or decrease (mitigate) a sentence imposed in
criminal court under sentencing guidelines.
Question 24: Amendment.
Answer:
1. Change/Correction
2. (whether beneficial or not)
3. whether adding or subtracting
Question 25: Answer / Complaint.
Answer: Response by DEF denying PLTF complaint.
Question 26: Arbitration.
Answer: Dispute mediation by impartial third party.
Question 27: Arraignment.
Answer: Bringing an accused person into court to plead to a criminal charge.
Question 28: Arrest / Custody.
Answer: Restraint and detention of a person suspected of crime (temporary holding at scene of crime for
mere questioning is not an arrest).
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