AAERT Certified Electronic Reporter (CER) Practice Test

Which witness is primarily a fact witness about the case?

1. Expert Witness

2. Lay Witness

3. Character Witness

4. Percipient Witness

The correct answer is: Lay Witness

A lay witness is primarily a fact witness in a case because this type of witness provides testimony based on firsthand knowledge or observations related to the events of the case. Their role is to recount what they have seen, heard, or experienced without delving into expert opinions or specialized knowledge. This type of testimony is crucial in establishing facts, as it allows the court to hear direct accounts of the circumstances surrounding the case. In contrast, an expert witness provides specialized knowledge or opinions based on their expertise; their testimony often involves interpretation of evidence rather than the presentation of factual observations. A character witness focuses on the character and credibility of a party involved in the case, which does not directly pertain to the factual events being considered. A percipient witness has firsthand knowledge of the events but is not always categorized as a lay witness, as it can include any individual who perceives the event, making the lay witness description more precise for this context. Thus, the role of the lay witness is essential for presenting direct evidence in legal proceedings.