AAERT Certified Electronic Reporter (CER) Practice Test

What term describes a fact witness that may not give an opinion?

1. Expert Witness

2. Character Witness

3. Lay Witness

4. Percipient Witness

The correct answer is: Lay Witness

The term that best describes a fact witness who may not provide an opinion is a lay witness. A lay witness is someone who testifies based on their personal knowledge or observation of the events in question, without offering expert opinions or interpretations. Their role is to provide factual accounts that are relevant to the case, which helps establish the context and the circumstances surrounding the events. In contrast, an expert witness is qualified to give opinions based on specialized knowledge or expertise in a certain field. A character witness speaks to the character traits of a party involved in the case, and a percipient witness is specifically one who perceived the events in question directly, but this term does not exclude them from providing opinions, which a lay witness does not do. Therefore, lay witnesses are strictly limited to sharing what they know factually, making them distinct in their role compared to other types of witnesses.