Juridical Acts

Question 1

This term encompasses all of the various acts that may be made or received by a notary in Louisiana under RS 35: 2.

Answer 1

Juridical acts

Question 2

A lawful volitional act intended to have legal consequences.

Answer 2

Juridical act

Question 3

If a juridical act is executed or passed before a notary public, it is frequently referred to as a…

Answer 3

notorial act

Question 4

This term references the notaries written narrative of a particular transaction involving people, their declarations, their things, their relationships, their money, or some combination thereof.

Answer 4

A notorial act / juridical act

Question 5

Although natural acts include affidavits, acknowledgments, and authentic acts, the term “natural act” when used in legislation, has been interpreted to mean an _________________, Even though such usage has been treated inconsistently in the jurisprudence.

Answer 5

Authentic act

Question 6

In an abundance of caution, where a statute or code article requires a notorial act, the notary should prepare the act…..

Answer 6

In authentic form.

Question 7

Can a notary complete a pleading?

Answer 7

No

Question 8

We’re written instrument is specifically identified in Louisiana revised statute 35: 2, such as an affidavit, that instrument is specifically exempted from the unauthorized practice of law. Otherwise the drafting of petitions, rules, judgments and other acts that are not required to be received or acknowledged by a notary public constitutes…

Answer 8

The unauthorized practice of law and must be avoided by a notary who is not also an attorney

Question 9

The unauthorized practice of law by a non attorney notary may result in.

Answer 9

Criminal prosecution and civil damages and may also be the basis for suspension or revocation of a notary’s commission

Question 10

Any act in derogation of laws is…

Answer 10

An absolute nullity

Question 11

Any party who demands performance of an obligation must prove…

Answer 11

The existence of the obligation.

Question 12

Any instrument which has been lost or destroyed maybe proved by…

Answer 12

Secondary or parole evidence, except otherwise provided by law

Question 13

True or false? The manner of proof varies with the nature or kind of instrument

Answer 13

True

Question 14

The civil code defines two types of written instruments for the purpose of proof of obligations. What are they?

Answer 14

An authentic act

And act under private signature

Question 15

A private act maybe authenticated and made self-proving by

Answer 15

Acknowledgment.

Question 16

And asked me be executed under private signature and less..

Answer 16

The wall expressly requires that act to be executed and authentic form

Question 17

And act under private signature is..

Answer 17

An act signed by the parties, but not necessarily written by the parties.

Question 18

In reference to an act under private signature, no witnesses are formalities are required for a private act to be…..

Answer 18

Binding on the parties

Question 19

True or false? and ask that fails to be authentic because of the lack of competence or capacity of the notary public, or because to be defector form, may still be valid as an act under private signature.

Answer 19

This is true

Question 20

Canon act under private signature later become an authentic act or an act acknowledged by a witness?

Answer 20

No it cannot

Question 21

In the events the act is not an authentic act or a subsequently by acknowledgment as required by law, it is only admissible in evidence upon….

Answer 21

Proof of the signatures and open court

Question 22

May a private act duly acknowledge substitute as an authentic act whereas required by law?

Answer 22

No it does not.

Question 23

In what two ways can a private act duly acknowledged be acknowledged?

Answer 23

By an active acknowledgment of the parties or an affidavit of a witness vendor or grantor

Question 24

and I believe it that is not sworn to and signed in the presence of a notary or other official who administers an oath and a test they’re on cannot be made valid by witness acknowledgment because…

Answer 24

The witness cannot administer an oath

Question 25

Regarding forms of acknowledgment, begin in all cases by caption specifying what two things?

Answer 25

The state and place where the acknowledgment is taken

Question 26

In the case of natural persons acting in their own right: On on this fifth day of September 2020, before me personally appeared Donald Brown, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed it as his free act and deed.

What is this an example of?

Answer 26

An acknowledgment

Question 27

A private act must be signed by the parties in the presence of two witnesses for it to be properly acknowledged by a witness under Louisiana revised statute 13: 3720. True or false?

Answer 27

True this is true

Question 28

This significantly distinguishes Louisiana from the common law states, which provide only for after the fact party signature acknowledgments

Answer 28

The authentic act

Question 29

This is a notarized first person narrative of the actions of a party or parties who, and the presence of the notary into witnesses, make a formal declaration or formalize a contract with each other that is subject to no further proof of its authenticity or contents.

Answer 29

And authentic act

Question 30

If a party is unable or does not know how to sign his name, the notary public must cause him to…

Answer 30

Affix his mark to the writing.

Question 31

This type of act is self-proving, meaning that it is presumed to be valid upon its face and as such, it constitutes admissible evidence of its content and of the identity of the declare or parties, without further proof.

Answer 31

The authentic act

Question 32

The formality of reading or paraphrasing the ax contents to the party and the presence of the witness that ensures the parties have been alerted to…

Answer 32

The seriousness of what they’re doing and that they are clearly aware of the consequences of the act