Exam Questions Flashcards by Josephine LeMay

Which of the following statements is not correct?
A. The fee for a notary public commission is $60
B. The Secretary of State commissions notaries public
C. The term of a notary public commission is 2 years
D. Notary public examinations are scheduled throughout NYS

C. The term of a notary public commission is 2 years

How well did you know this?

Not at all

Perfectly

Notaries public are commissioned in –
A. Their city of residence
B. The city where they are employed
C. Their county of residence
D. Their town or village of residence

C. Their county of residence

How well did you know this?

Not at all

Perfectly

Which of the following statements is not correct? No person shall be appointed as a notary public who has been convicted of __.

Any misdemeanor

How well did you know this?

Not at all

Perfectly

The county clerk and register of any county with whom a certificate of official character has been filed shall collect for the filing-
A. $2
B. $4
C. $5
D. $10

D. $10

How well did you know this?

Not at all

Perfectly

A notary public who is removed from office and then executes any instrument as a notary public is guilty of a –
A. Violation
B. Petty offense
C. Misdemeanor
D. Felony

C. Misdemeanor

How well did you know this?

Not at all

Perfectly

Which of the following is not eligible for the office of notary public?
A. Commissioner of elections
B. Sheriff
C. Member of the legislature
D. Inspector of elections

B. Sheriff

How well did you know this?

Not at all

Perfectly

Fee for an oath or affirmation-
A. $2
B. $4
C. $5
D. $10

A. $2

How well did you know this?

Not at all

Perfectly

The signature and seal of a county clerk upon a certificate of official character of a notary public may be:
1. Facsimile 2. Printed 3. Stamped 4. Photographed or engraved thereon
A. 1,2,3 are correct
B. 2 and 3 are correct
C. 1,2,3 and 4 are correct
D. Only 3 is correct

C. 1,2,3 and 4 are correct

How well did you know this?

Not at all

Perfectly

Which of the following statements is not correct? A NYS notary public is:
A. Authorized to administer oaths and affirmations
B. Not authorized to administer an oath to himself
C. Not authorized to administer oaths and affirmations
D. Authorized to receive and certify acknowledgments

C. Not authorized to administer oaths and affirmations

How well did you know this?

Not at all

Perfectly

A notary public who is an attorney at law admitted to practice in NYS may:
1. Administer an oath or affirmation to his client
2. take the affidavit or acknowledgment to his client
A. 1 and 2 are not correct
B. Only 1 is correct
C. Only 2 is correct
D. 1 and 2 are correct

D. 1 and 2 are correct

How well did you know this?

Not at all

Perfectly

A person who holds himself out to be a notary public but is not, or a notary public who commits fraud or deceit in the performance of his duties, is guilty of-
A. A petty offense
B. A misdemeanor
C. A felony
D. None of the above

B. A misdemeanor

How well did you know this?

Not at all

Perfectly

The term “conveyance” includes written instruments by which any estate or interest in – property is created, transferred, mortgaged or assigned.
1.personal 2. real
A. 1 is correct
B. 2 is correct
C. Neither 1 nor 2 is correct
D. Both 1 and 2 are correct

B. 2 is correct

How well did you know this?

Not at all

Perfectly

An office authorized to take the acknowledgment or proof of a conveyance who is guilty of fraudulent practice or malfeasance in the execution of any duty prescribed by law in relation to it is-
A. Guilty of a petty offense
B. Liable for a statutory fine of $150.00
C. Liable in damages to the person injured
D. None of the above

C. Liable in damages to the person injured

How well did you know this?

Not at all

Perfectly

When the lessor (bank) of a safe deposit box opens the safe deposit box in front of a notary public (pursuant to Banking Law 335), the notary shall file with the lessor a certificate under seal which contains:
1. The date of the opening of the safe deposit box 2. The name of the lessee 3. a list (inventory) of the contents
A. 1 only
B. 1 and 2 only
C. 1, 2 and 3
D. 3 only

C. 1, 2 and 3

How well did you know this?

Not at all

Perfectly

The rule which authorizes a deposition to be taken before a notary public in a civil proceeding is found in:
A. Criminal Procedure Law
B. NYS Administrative Code
C. Family Court Act
D. Civil Practice Law and Rules

D. Civil Practice Law and Rules

How well did you know this?

Not at all

Perfectly

Which of the following statements is correct?
A. A notary public may in certain situations practice law
B. A notary public may prepare a will
C. A notary public shall not practice law
D. None of the above

C. A notary public shall not practice law

How well did you know this?

Not at all

Perfectly

A notary public subjects himself to the following for asking or receiving more than the statutory allowance for administering an oath in connection with an affidavit.
1. Criminal prosecution 2. Civil Lawsuit 3. Removal from office
A. 3 only
B. 1 and 3 only
C. 1,2 and 3
D. 2 only

C. 1,2 and 3

How well did you know this?

Not at all

Perfectly

A sentence of imprisonment for a Class “A” misdemeanor is a definite sentence which shall not exceed
A. 6 months
B. 1 yr
C. 3 yrs
D. 7 yrs

B. 1 yr

How well did you know this?

Not at all

Perfectly

A person appointed by the court to manage the estate of a dead person who died w/o a will or who did not name such a person in the will is –
A. An executor
B. A plaintiff
C. An administrator
D. A deponent

C. An administrator

How well did you know this?

Not at all

Perfectly

A person who signs his signature on an affidavit is called-
A. The plaintiff
B. The legatee
C. The executor
D. The affiant

D. The affiant

How well did you know this?

Not at all

Perfectly

If a person declines to take an oath because of religious reasons, he may make-
A. Codicil
B. Affirmation
C. Contract
D. Lien

B. Affirmation

How well did you know this?

Not at all

Perfectly

“Sworn to before me this – day of – , 2010” is referred to as:
A. Lien
B. Contract
C. Jurat
D. Codicil

C. Jurat

How well did you know this?

Not at all

Perfectly

Something that has value and is given to induce someone to enter into a contract is called
A. Real property
B. Chattel
C. Will
D. Consideration

D. Consideration

How well did you know this?

Not at all

Perfectly

A person who starts a civil lawsuit is called
A. Antagonist
B. Defendant
C. Appellant
D. Plaintiff

D. Plaintiff

How well did you know this?

Not at all

Perfectly

The law which specifies the time during which a civil action or criminal prosecution must be started is called- A. The statute of frauds B. The law of venue C. The statute of limitations D. None of the above

C. The statute of limitations

The geographical place where an affidavit is taken by a notary or commissioner of deeds is called the – A. Locale B. Town C. Venue D. Venison

C. Venue

The total commission fee for the appointment of a notary public is- A. $20 B. $40 C. $60 D. None of the above

C. $60

The fee for swearing in a witness is A. $.75 B. $2 C. $2.50 D. $4

B. $2

The county clerk fee for issuance of Certificate of Official Character is – A. $2 B. $4 C. $5 D. None of the above

C. $5

The fee for an authentication certificate is- A. $2 B. $3 C. $4 D. $6

B. $3

A newly commissioned notary public has an office next to that of a law firm. The notary public may: A. Advertise that he gives legal advice B. Agree to divide the fees with the law firm C. Give legal advice D. None of the above

D. None of the above

The secretary of state is not authorized to issue a duplicate notary public I.D. card A. To replace a destroyed card B. To replace a damaged card C. To replace a lost card D. To be kept as a spare I.D. card

D. To be kept as a spare I.D. card

Not Correct: If a notary public is removed from office- A. He is thereafter not eligible to be appointed a notary public B. He is not authorized to administer oaths C. He is guilty of a felony if he continues to act as a notary public D. He cannot sign or execute any instrument as a notary public

C. He is guilty of a felony if he continues to act as a notary public

34. Which of the following three defects would render an official certificate by a notary public invalid? 1. The term of the notary was expired at the time of issuing the notarial certificate.2. The name of the notary is misspelled on his identification card. 3. The notary failed to file his official oath. A. 1 B. 2 C. 3 D. None. These defects do not render the certificate invalid

D. None. These defects do not render the certificate invalid

A notary public who is guilty of malfeasance or fraudulent practice in the execution of a duty prescribed by law is: A. liable for a fine of $100 B. liable for a fine of $500 C. Liable for a fine of $1500 D. Liable in damages to the person injured

D. Liable in damages to the person injured

A law enacted by the New York State legislature is called: A. codicil B. seal C. attestation D. statute

D. statute

37. Which of the following two statements are correct? A notary public may: 1. solemnize a marriage 2. take the acknowledgment of parties and witnesses to a written contract of marriage A. Only 1 B. Only 2 C. Both 1 and 2 are correct D. None. Both 1 and 2 are incorrect

C. Both 1 and 2 are correct

38. A notary public may: A. prepare a will or codicil B. prepare a deed or an assignment C. prepare a mortgage D. none of the above

D. none of the above

A notary is asked by a person to notarize an affidavit. Which of the following is correct? A. The notary can negotiate a fee B. Notary must charge a fee of $20 C. Notary may charge a fee of $10 D. None of the above

D. None of the above

If a party violates the provisions of Judiciary Law 67 (Fees of Public Officers) he is liable to the person aggrieved __. A. for damages plus $300 B. for damages plus traveling expenses C. for treble damages D. None of ther above

C. for treble damages

A notary at the time of appointment must be either a NYS resident or have a place of business in New York State?

TRUE – a notary must also be a united states citizen at the time of appointment. however, the department of state, division of licensing services web site adds that notary may also be a permanent resident alien of the united states

A NYS resident notary public who moves out of NYS but still maintains a place of business in NYS can continue to be a notary in NYS?

TRUE – how if a non resident notary ceases to have a place of business in NYS, then he vacates his office as a notary public.

In certain situations, the Secretary of State is not required to satisfy himself of certain notary public requirements of an applicant, such as education?

TRUE- example, when applicant applies less than 6 months after his term of notary has expired, or upon the application of an attorney admitted to practice in NYS, and certain court clerks

The Secretary of State can remove a notary without serving a copy of the charges against him?

FALSE – the secretary of state must serve the charges and give him an opportunity to be heard

No person shall be appointed a notary who has been convicted of any misdemeanor

FALSE- a person cannot be appointed a notary if convicted of a felony

No person shall be appointed a notary public if he has been convicted unlawful possession or distribution of habit forming narcotic drugs?

TRUE – also cannot be appointed a notary if convixted of vagrancy or prostitution (unless the person was pardoned or received a certificate of good conduct from a parole board).

An attorney who is a notary public who moves to another state shall be deemed a resident of the county where he maintains an office in NYS?

TRUE – this section applies to attorneys who are admitted to practice in NYS and are counselors in the courts of record in New York State

The secretary of state shall receive a fee of $20 for changing the name or address of a notary public

FALSE- the fee for changing the name or address of a notary public is $10. also, the fee for issuing a duplicate ID is also $10.

Only the secretary of state may issue a certificate of official character.

FALSE- the county clerk may also issue a certificate of office

The secretary of state shall collect $10 for the issuance of a certificate official character?

TRUE – the county clerk collects $10 for the filling of the certificate of official character and $5 for the issuance of a certificate of official character with seal attached

A certification of a notarial signature is issued by the court?

FALSE – a certification of a notarial signature is issued by the county clerk for a fee of $3

No person removed from commissioner of deeds in New York City is eligible for reappointment as commissioner of deeds

TRUE – also not eligible for appointment as a notary public

A commissioner of elections or inspector of elections is not eligible for the office of notary public.

FALSE- they are eligible for appointment as notary public

No person is eligible for the office of notary public who was convicted of a violation of the selective draft act of MAY 18, 1917?

TRUE- also not eligible if convicted of a violation of the selective training and service act of 1940

There shall be at least one person in the county clerk’s office who shall notarize documents for the public free of charge.

TRUE- that person shall be exempt from the notary public examination fee and application fee.

A member of the legislature may not be appointed a notary public?

FALSE- a member of the legislature may be appointed a notary

A sheriff may be appointed notary public

FALSE- Sheriffs cannot hold any other office

A notary public shall not notarize a paper if he has a pecuniary interest in the transaction

TRUE- such notarization would be invalid

The signature and seal of the county clerk on a certificate of official character or authentication may be facsimile, printed or stamped.

TRUE- also may be photographed or engraved thereon

A notary shall be not be liable to the parties injured for damages sustained by them as a result of the notary public’s actions

FALSE- a notary public is liable for such damages

A person not commissioned a notary public who acts as a notary public is guilty of a felony.

FALSE- such a person is guilty of a misdemeanor. also fraud in office is also a misdemeanor

A notary public who is licensed as an attorney in NYS may substitute the words “attorney and counselor at law” for “notary public”

TRUE- also, in NYC all notaries must affix to each instrument their official number

No official act of a notary public shall be held invalid on account of failure to comply with the provisions listed in executive law 137

TRUE- however, if such notary willfully fails to comply, he shall be subject to disciplinary action by the secretary of state

a notary public who is an employee of officer of a corporation may not take an acknowledgment of such corporation if the notary public has a financial interest in the instrument.

TRUE- also if the notary public is a director or agent of such corporation

An official certificate of a notary may be valid even if his term of office had expired.

TRUE- also valid if there is a misspelling or other error made in his appointment or commission

An official certificate of a notary may be valid even if there was ineligibility of the notary to be appointed or commissioned

TRUE- also may be valid if there was an omission of the notary public to take or file his official oath.

An official certificate of a notary may be valid even if the notary had vacated his office by changing his residence or accepting another public office.

TRUE- also may be valid even if the action was taken outside the jurisdiction where the notary public was authorized to act

The term “lien” includes every written instrument by which any estate or interest in real property is created, transferred, mortgaged or assigned.

FALSE- the definition applies to the legal term “conveyance”

The term “conveyance” does not include a will or lease for a term not exceeding 3 years.

TRUE – also does not include an executor contract for the sale or purchase of lands

Acknowledgement or proof may be made before a justice of peace in a county containing town, village or city where he is authorized to perform duties

TRUE- applies also to town councilman, village police justice or judge of court of any inferior jurisdiction

Acknowledgement or proof of conveyance of real estate within NYS or of any other written instrument may be made only by a married woman.

FALSE- it may be made by a single woman or a married woman

A subscribing witness must state his place of residence but does not have to state that he knew or had satisfactory evidence of the identity of the person described in and how executed the instrument

FALSE- the subscribing witness must state that he knew the person described in and who executed the instrument or that he has evidence that he is the same person who was subscribing witness to the conveyance.

A person taking the acknowledgment or proof of a conveyance must endorse thereupon or attach certificate signed by a country clerk

FALSE- the certificate must be signed by the person taking the acknowledgment of proof

An officer who takes proof of conveyance or other instrument who is guilty of malfeasance is not liable for damages to the person injured

FALSE- he is liable for damages to the person injured

A conveyance of real property shall not be recorded unless it is in the english language.

FALSE- may be recorded if there is attached to it an official translation proved and authenticated in a manner required of conveyances for recording in NYS

A deposition (may/may not) be taken before a notary public in a civil proceeding?

a deposition may be taking before a notary public in a civil proceeding

Within __ days of the opening of a the safe deposit box, a copy of the notary public’s certificate must be mailed to the lessee at his last known postal address

10 days also the box cannot be opened by the lessor until 30 days after notice to the lessee

A notary public (has/has not) authority to solemnize marriages?

does not have authority, also a notary public may not take the acknowledgement of parties and witnesses to a written contract of marriage

The oath of a public officer (may/may not) be administered by a notary public.

An oath to an official may be administered by a notary public.

A person can act as an attorney in New York State only if admitted to practice as an attorney or counselor in the courts of record in NYS

TRUE- there is an exemption for the officers of societies for the prevention of cruelty and certain law students.

Notaries publics are prohibited from executing wills because they would thereby be acting as an attorney

TRUE- notaries public are expressly prohibited from drawing up wills.

a notary public is not a public officer

FALSE- a notary is a public officer and must not act without having and duly filed the required oath of office

A person who acts as a notary without having taken and duly filed the required oath of office is guilty of a _

misdemeanor, the oath must be as prescribed by law

A public officer cannot charge a fee, except where a fee or other compensation is expressly allowed by law.

TRUE- also a public officer cannot charge more for the service than is allowed by law

A public officer cannot receive a fee in advance of rending the service?

FALSE- a public officer can receive a fee in advance if the law allows. also, cannot charge a fee unless the service was actually rendered by him

An officer who violates the fee provisions is liable for treble damages to the person aggrieved

TRUE- also is liable for punishment prescribed by law for the criminal offense and removal from office

The maximum term of an indeterminate sentence shall be at least __ years

3 years, the term is fixed by the judge

For a class _ felony, the term shall be fixed by the court and shall not exceed 7 years

A sentence of imprisonment for a class “a” misdemeanor shall be a _ sentence

maximum of one year of a misdemeanor

A person is guilty of forgery in the __ degree when he falsely makes, completes or alters a written instrument

Second degree

Forgery in the second degree is a class _ felony

Issuing a false certificate is a class _ felony

Official misconduct includes willfully committing an act relating to one’s office constituting an unauthorized exercise of his official functions

TRUE- also includes refraining from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office

An officer before whom an oath or affidavit may be taken is bound to administer the same when required.

TRUE- refusal to do so is a misdemeanor

A person is guilty of perjury if under oath or _ he has given false testimony

AFFIRMATION- the testimony must have been given on a material matter

An _ is formal declaration before an authorized officer by a person who has executed an instrument that such execution is his act and deed.

acknowledgement- the officer must know that the person making it is the person described and who executed the instrument

It is not essential that the person who executed the instrument sign his name in the presence of the notary.

TRUE- however, taking acknowledgements over the phone is illegal

A notary who takes an acknowledgment over the telephone is guilty of a _.

misdemeanor

Unless the person who makes the acknowledgment appears in front of the notary, the notary’s certificate that he so came is _.

Fraudulent

Making a false certificate is forgery in the _ degree

Second

A notary public (should/should not) take an acknowledgement to a legal instrument to which the notary is a party in interest.

should not

An (administrator/affiant) is a person appointed by the court to manage the estate of a deceased person who left no will.

administrator

a (statute/affidavit) is a signed statement, duly sworn, before a notary public or other officer authorized to administer oaths

affidavit

An (attestation/apostile) is a department of state authentication attached to a notarized and county certified document for international use

Apostile

An (authentication/affirmation) is a certificate attached by a county clerk to a certificate of proof or acknowledgment or oath signed by a notary.

Authentication

Is an _ the witness certify that the instrument has been executed before them, and the manner of the execution of the same.

Attestation clause

An _ is a solemn declaration made by persons who conscientiously decline taking an oath

Affirmation

A __ is a written instrument given to pass title of a personal property from vendor to vendee.

bill of sale

__ is a writing or writings which evidence both an obligation to pay money and a security interest in specific goods

chattel paper

a __ is an instrument made subsequent to a will and attached to the will

codicil

_ is anything of value given to induce someone to enter into a contract

consideration

a _ is a copy of a public record signed and certified as true copy by the public official having custody of the original.

certified copy

Behavior that is disrespectful of the authority of a court which disrupts the execution of court orders is known as _

contempt of court

A _ is an agreement between competent parties to do or not do certain things for legal consideration.

contract

Generally, every instrument (except a will) by which any estate or interest in real property is created, transferred, assigned or surrendered is known as

conveyance

Another term for County clerk’s certificate is _

authentication

A _ is one who makes an oath to a written statement

deponent

A __ is the testimony of a witness taken out of court, before a notary or other person

deposition

Constraint exercised upon a person whereby he is forced to do some act against his will is known as

duress

_ is the placing of an instrument in the hands of a person as a depository who on the happening of an event must deliver it to a third person.

escrow

An _ is one named in a will to carry out the provision of the will

executor

__ means to do a hearing or examination in the presence of, or on papers filed by, one party in the absence of the other

Ex parte

A __ is a crime punishable by death or imprisonment over one year

felony

A __ is a person in charge of a minor’s person

guardian

A _ is a decree of a court declaring that one party is indebted to another and fixing the amount of such indebtedness

judgement

The _ appoints and commissions notaries public in New York State

Secretary of State

The jurisdiction of notaries public is __

New York State

Notaries public are appointed for _ years

4 years

Applications for notaries public are as prescribed by

the secretary of state