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New York State Notary Exam Comprehensive Study Guide Exam- Q’s and A’s
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New York State Notary Exam ComprehensiveStudy Guide Exam- Q’s and A’s
Administrator - -A person appointed by the court to manage the estate of a
deceased person who left no will.
-Affiant - -The person who makes and subscribes his signature to an
affidavit.
-Affidavit - -a signed statement, duly sworn to, by the maker thereof, before
a notary public or other officer authorized to administer oaths. The venue or
county wherein it was sworn to should be accurately stated. [more.]
-Affirmation - -A solemn declaration made by persons who conscientiously
decline taking an oath; it is equivalent to an oath and is just as binding; if a
person has religious or conscientious scruples against taking an oath, the
notary public should have the person affirm. [more...]
-Apostile - -Department of State authentication attached to a notarized and
county-certified document for possible international use.
-Attest - -To witness the execution of a written instrument, at the request of
the person who makes it, and subscribe the same as a witness.
-Attestation Clause - -The clause (e.g., at the end of a will) wherein the
witness certify that the instrument has been executed before them, and the
manner of the execution of the same.
-Authentication (Notarial) - -A certificate subjoined by a county clerk to any
certificate of proof or acknowledgment or oath signed by a notary; this
county clerk's certificate authenticates or verifies the authority of the notary
public to act as such.
-Bill of Sale - -A written instrument given to pass title of personal property
from vendor to vendee.
-Certified Copy - -A copy of a public record signed and certified as a true
copy by the public official having custody of the original. A notary public has
no authority to issue certified copies. Notaries must not certify to the
authenticity of legal documents and other papers required to be filed with
foreign consular officers. Within this prohibition are certificated of the
following type: United States of America, State of New York, County of New
York: [more...]
-Chattel - -Personal property, such as household goods or fixtures.
, -Chattel Paper - -A writing or writings which evidence both an obligation to
pay money and a security interest in a lease or specific goods. The
agreement which creates or provides for the security interest is known as a
security agreement.
-Codicil - -An instrument made subsequent to a will and modifying it in
some respect.
-Consideration - -Anything of value given to induce entering into a contract;
it may be money, personal services, or even love and affection.
-Contempt of Court - -Behavior disrespectful of the authority of a court
which disrupts the execution of court orders.
-Contract - -An agreement between competent parties to do or not to do
certain things for a legal consideration, whereby each party acquires a right
to what the other possess.
-Conveyance (Deed) - -Every instrument, in writing, except a will, by which
any estate or interest in real property is created, transferred, assigned or
surrendered.
-County Clerk's Certificate - -See "Authentication (Notarial)."
-Deponent - -One who makes oath to a written statement. Technically, a
person subscribing a deposition but used interchangeably with "Affiant."
-Deposition - -The testimony of a witness taken out of court or other hearing
proceeding, under oath or by affirmation, before a notary public or other
person, officer or commissioner before whom such testimony is authorized
by law to be taken, which is intended to be used at the trial or hearing.
-Duress - -Unlawful constraint exercised upon a person whereby he is forced
to do some act against his will.
-Escrow - -The placing of an instrument in the hands of a person as a
depository who on the happing of a designated event, is to deliver the
instrument to a third person. This agreement, once established, should be
unalterable.
-Executor - -One named in a will to carry out the provisions of the will.
-Ex Parte (From One Side Only) - -A hearing or examination in the presence
of, or on papers filed by, one party and in the absence of the other.
,-Felony - -A crime punishable by death or imprisonment in a state prison.
-Guardian - -A person in charge of a minor's person or property.
-Judgment - -Decree of a court declaring that one individual is indebted to
another and fixing the amount of such indebtness.
-Jurat - -A jurat is that part of an affidavit where the officer (notary public)
certifies that it was sworn to before him. It is not the affidavit. The following
is the form of jurat gerally employed: "Sworn to before me this ....... Day
of ......., 20......" Those words placed directly after the signature in the
affidavit stating that the facts therein contained were sworn to or affirmed
before the officer (notary public) together with his official signature and such
other data as required by 137 of the Executive Law.
-Laches - -The delay or negligence in asserting one's legal right.
-Lease - -A contract whereby, for a consideration, usually termed rent, one
who is entitled to the possession of real property transfers such right to
another for life, for a term of years or at will.
-Lien - -A legal right or claim upon a specific property which attaches to the
property until a debt is satisfied.
-Litigation - -The act of carrying on a lawsuit.
-Misdemeanor - -Any crime other than a felony
-Mortgage On Real Property - -An instrument in writing, duly executed and
delivered that creates a lien upon real estate as security for the payment of
a specified debt, which is usually in the form of a bond.
-Notary Public - -A public officer who executes acknowledgments of deeds
or writings in order to render them available as evidence of the facts therein
contained; administers oaths and affirmation as to the truth of statements
contained in papers or documents requiring the administration of an oath.
The notary's general authority is defined in €135 of the Executive Law; the
notary has certain other powers which can be found in the various provisions
of law set forth earlier in this publication.
-Oath - -A verbal pledge given by the person taking it that his statements
are made under an immediate sense of this responsibility to God, who will
punish the affiant if the statements are false. Notaries public must
administer oaths and affirmations in manner and form as prescribed by the
Civil Practice Law and Rules, namely: [...] For an oath or affirmation to be
valid, whatever form is adopted, it is necessary that: first, the person
, swearing or affirming must personally be in the presence of the notary
public; secondly, that the person unequivocally swears or affirms that what
he states is true; thirdly, that he swears or affirms as of that time; and,
lastly, that the person conscientiously takes upon himself the obligation of an
oath.
-Plaintiff - -A person who starts a suit or brings an action against another.
-Power of Attorney - -A written statement by an individual giving another
person the power to act for him.
-Proof - -The formal declaration made by a subscribing witness to the
execution of an instrument setting forth his place or residence, that he knew
the person described in and who executed the instrument and that he saw
such person execute such instrument.
-Protest - -A formal statement in writing by a notary public, under seal, that
a certain bill of exchange or promissory note was on a certain day presented
for payment, or acceptance, and that such payment or acceptance was
refused.
-Seal - -The laws of the State of New York do not require the use of this by
notaries public. If it is used, it should sufficiently identify the notary public,
his authority and jurisdiction. It is the opinion of the Department of State that
the only inscription required is the name of the notary and the words "Notary
Public for the State of New York."
-Signature of Notary Public - -A notary public must sign the name under
which he was appointed and no other. In addition to his signature and venue,
the notary public shall print, typewrite or stamp beneath his signature in
black in, his hame, the words "Notary Public State of New York," the name of
the county in which he is qualified, and the date upon which his commission
expires (€137, Executive Law). When a woman notary marries during the
term of the office for which she was appointed, she may continue to use her
maiden name as notary public . However, is she elects to use her marriage
name, then for the balance of her term as a notary public she must continue
to use her maiden name in her signature and seal when acting in her notarial
capacity, adding after her signature her married name, in parentheses. When
renewing her commission as a notary public, she may apply under her
married name or her maiden name. She must then perform all her notarial
functions under the name selected. A member of a religious order, known
therein by a name other than his secular cognomen, may be appointed and
may officiate as a notary public under the name by which he is known in
religious circlese. (Op. Atty. Gen.,Mar. 20, 1930.)
-Statute - -A law established by an act of the legislature.
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