Legal Definitions Flashcards
A declaration that is made before an official (example: notary public) that under the person’s free act and deed he did execute the instrument he presented to the notary.
Acknowledgement
Someone who is appointed by the court which empowers him to manage the affairs of the decedent (dead person).For when a person dies without leaving a will or leaves a will without naming an executor.
Administrator
A person who signed an affidavit (a sworn to or affirmed written statement).
Affiant
A signed statement that is sworn to by the person signing it. It must be sworn to in front of a notary public or other officer with authority to administer an oath.
Affidavit
A person who does not want to take an oath (because of religious, ethical or other reasons) may affirm as to the truthfulness of his statements. This alternative option is just as binding as an oath.
Affirmation
To be present at the execution of a written instrument and also to subscribe (sign) the written instrument as a witness to the execution of the instrument.
Attest
The written portion at the end of a will where the witnesses attest that the will was executed in front of them and also state the procedural manner of the execution of the will.
Attestation Clause
A written document that is given by the vendor (seller of personal property) to the vendee (buyer). It passes title from the vendor to the vendee.
Bill of sale
A notary public may not issue this type of document. It can only be issued by public officials who have custody of the original and who can certify that the copy is a true copy of the original on file.
Certified copy
Property that is personal in nature, such as household goods. This does NOT include real property (land, buildings).
Chattel
A written obligation to pay money for specific goods.
Chattel paper
An attachment to a will that adds to, or changes (modifies) will in some way.
Codicil
What is given in value to induce someone to enter into a contract?
Some examples are: property, money, services, etc.
Consideration
Actions which hinder the execution of court orders and display disrespect of court authority.
Contempt of court
An agreement between parties which requires legal consideration and can be oral or written.
Contract
The instrument which creates, assigns, transfers or surrenders an interest in real property.
Conveyance
A person who is known by the notary, who is not a party or beneficiary of transaction, and who the notary believes is honest and credible.
Credible witness
A person who signs the deposition and makes an oath to a written statement.
Deponent, same as an affiant
Testimony taken before an authorized official (such as a notary public). It is taken out of court with the intention of using it at a hearing or trial.
Deposition
Exercising unlawful constraint on a person with the intention of forcing him to do certain acts which may be against the person’s will.
Duress
Depositing an instrument with a person who on the occurrence of an event must give the instrument to a designated person. Often used during the sale of a building.
Escrow
A person designated (named) in a will to carry out the instructions of the deceased that are listed in the will.
Executor
A court proceeding conducted with only one of the parties being present (plaintiff or defendant).
Ex Parte
A person in charge of another person’s property or person (usually relates to minors).
Guardian
A temporary or final declaration that declares the rights of individuals, including that one party owes money to another and specifying the amount owed.
Judgment
The section of an affidavit which contains the certification of the notary public that the document was sworn to in front of the notary public.
Example: “Sworn to before me this__day of __, 20__”
Jurat
The negligence or delay in the assertion of a legal right. This concept may be used as a defense in certain legal proceedings, such as in proceedings for unpaid rent.
Laches
A contract regarding the right to the possession of real property (land or buildings). It is made for consideration and transfers the right to possession of real property for a period of time.
Lease
The attachment of a legal claim on property until the debt on the property is satisfied.
Lein
The process of pursuing a lawsuit.
Litigation
A written instrument that is used to create a lien on real property until the debt is paid.
Mortgage on real property
A public officer who, among other things, is authorized to administer oaths and affirmations relating to the truth of statements, and authorized to execute acknowledgments of deeds or writings which may thereafter be admitted into evidence.
Notary public
A verbal pledge of the truthfulness of the statements made which must be administered as prescribed by law in front of the notary. It cannot be administered over the phone. The person must say “I do.” A corporation cannot take this pledge. A partnership cannot take this pledge. The authority of the notary public cannot be delegated to another person. A notary public is prohibited from administering this to themselves.
Oath (or affirmation)
The party who starts a civil lawsuit.
Plaintiff
A statement in writing by a person which gives another person the power to act for him.
Power of attorney
(NPA 10B-3)
a. In the case of an acknowledgment, the individual whose identity and due execution of a record is being certified by the notary.
b. In the case of a verification or proof, the individual other than a subscribing witness, whose: i. Identity and due execution of the record is being proven; or ii. Signature is being identified as genuine.
c. In the case of an oath or affirmation, the individual who makes a vow of truthfulness on penalty of perjury.
Principal
The formal declaration of the witness that he witnessed the execution of the instrument.
Proof
A written statement by a notary that a promissory note or bill of exchange was presented for acceptance or payment was refused.
Protest
The cancellation of a notary’s commission.
Revocation
(NPA 10B-3) Relating to the identification of an individual may be based on 1) At least one current document issued by a federal, state, or federal or state-recognized tribal government agency bearing the photographic image of the individual’s face and either the signature or a physical description of the individual, or 2) The oath or affirmation of one credible witness who personally knows the individual seeking to be identified.
Satisfactory evidence
Usually, the following are required:
1. Signature and venue 2. Name (printed) beneath his signature, and “notary public” 3. Name of county where qualified 4. Date of expiration of commission
Signature of notary public
Notary must sign his name (same name as under which appointed).
A law that was created by the legislature.
Statute
A law that states that certain contracts must be in writing to be enforceable. Other contracts (if partially completed) may also be enforceable.
Statute of frauds
Law which prescribes the time during which a civil action or criminal prosecution must be commenced.
Statute of limitations
A person who signs a record for the purpose of being a witness to the principal’s execution of the record or to the principal’s acknowledgment of his or her execution of the record.
Subscribing witness
A clause in an agreement (contract) which allows a future mortgage to take priority over an existing mortgage.
Subordination clause
Certifies that individual appeared before notary, was known to notary - or identified by satisfactory evidence, gave an oath or affirmation. and that testified as to validity of signature on the record.
Verification or proof by a notary
