Juridical Acts Flashcards
This term encompasses all of the various acts that may be made or received by a notary in Louisiana under RS 35: 2.
Juridical acts
A lawful volitional act intended to have legal consequences.
Juridical act
If a juridical act is executed or passed before a notary public, it is frequently referred to as a…
notorial act
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.
A notorial act / juridical act
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.
Authentic act
In an abundance of caution, where a statute or code article requires a notorial act, the notary should prepare the act…..
In authentic form.
Can a notary complete a pleading?
No
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…
The unauthorized practice of law and must be avoided by a notary who is not also an attorney
The unauthorized practice of law by a non attorney notary may result in.
Criminal prosecution and civil damages and may also be the basis for suspension or revocation of a notary’s commission
Any act in derogation of laws is…
An absolute nullity
Any party who demands performance of an obligation must prove…
The existence of the obligation.
Any instrument which has been lost or destroyed maybe proved by…
Secondary or parole evidence, except otherwise provided by law
True or false? The manner of proof varies with the nature or kind of instrument
True
The civil code defines two types of written instruments for the purpose of proof of obligations. What are they?
An authentic act
And act under private signature
A private act maybe authenticated and made self-proving by
Acknowledgment.
And asked me be executed under private signature and less..
The wall expressly requires that act to be executed and authentic form
And act under private signature is..
An act signed by the parties, but not necessarily written by the parties.
In reference to an act under private signature, no witnesses are formalities are required for a private act to be…..
Binding on the parties
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.
This is true
Canon act under private signature later become an authentic act or an act acknowledged by a witness?
No it cannot
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….
Proof of the signatures and open court
May a private act duly acknowledge substitute as an authentic act whereas required by law?
No it does not.
In what two ways can a private act duly acknowledged be acknowledged?
By an active acknowledgment of the parties or an affidavit of a witness vendor or grantor
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…
The witness cannot administer an oath
Regarding forms of acknowledgment, begin in all cases by caption specifying what two things?
The state and place where the acknowledgment is taken
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?
An acknowledgment
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?
True this is true
This significantly distinguishes Louisiana from the common law states, which provide only for after the fact party signature acknowledgments
The authentic act
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.
And authentic act
If a party is unable or does not know how to sign his name, the notary public must cause him to…
Affix his mark to the writing.
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.
The authentic act
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…
The seriousness of what they’re doing and that they are clearly aware of the consequences of the act
