Paralegal Advanced Competency Exam (PACE) Practice Exam

What is a signed statement that could result in the crime of perjury if found to be materially false?

1. Declaration of Trust

2. Declaratory Judgment

3. Deed

4. Declaration under penalty of perjury

The correct answer is: Declaration under penalty of perjury

The correct response is a signed statement known as a Declaration under penalty of perjury. This type of declaration explicitly states that the person is affirming the truth of the contents within the document, often including a warning that knowingly providing false information can lead to prosecution for perjury. The legal basis for this is that perjury involves making false statements while under oath or in a sworn declaration, which can have significant legal repercussions, indicating that the accuracy and honesty of the declaration are crucial. In contrast, a Declaration of Trust serves as a legal document outlining the terms of a trust but does not necessarily carry the same implication of swearing to its truthfulness under penalty of perjury. A Declaratory Judgment is a court judgment that clarifies the rights of parties involved but also does not carry the same potential for perjury. A Deed is a legal document that represents the transfer of property but does not inherently include an assertion of truth that could be subjected to perjury laws. Thus, only the Declaration under penalty of perjury embodies the required elements that could lead to charges of perjury if proven materially false.