Legal Definitions

Question 1

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.

Answer 1

Acknowledgement

Question 2

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.

Answer 2

Administrator

Question 3

A person who signed an affidavit (a sworn to or affirmed written statement).

Answer 3

Affiant

Question 4

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.

Answer 4

Affidavit

Question 5

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.

Answer 5

Affirmation

Question 6

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.

Answer 6

Attest

Question 7

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.

Answer 7

Attestation Clause

Question 8

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.

Answer 8

Bill of sale

Question 9

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.

Answer 9

Certified copy

Question 10

Property that is personal in nature, such as household goods. This does NOT include real property (land, buildings).

Answer 10

Chattel

Question 11

A written obligation to pay money for specific goods.

Answer 11

Chattel paper

Question 12

An attachment to a will that adds to, or changes (modifies) will in some way.

Answer 12

Codicil

Question 13

What is given in value to induce someone to enter into a contract?

Some examples are: property, money, services, etc.

Answer 13

Consideration

Question 14

Actions which hinder the execution of court orders and display disrespect of court authority.

Answer 14

Contempt of court

Question 15

An agreement between parties which requires legal consideration and can be oral or written.

Answer 15

Contract

Question 16

The instrument which creates, assigns, transfers or surrenders an interest in real property.

Answer 16

Conveyance

Question 17

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.

Answer 17

Credible witness

Question 18

A person who signs the deposition and makes an oath to a written statement.

Answer 18

Deponent, same as an affiant

Question 19

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.

Answer 19

Deposition

Question 20

Exercising unlawful constraint on a person with the intention of forcing him to do certain acts which may be against the person’s will.

Answer 20

Duress

Question 21

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.

Answer 21

Escrow

Question 22

A person designated (named) in a will to carry out the instructions of the deceased that are listed in the will.

Answer 22

Executor

Question 23

A court proceeding conducted with only one of the parties being present (plaintiff or defendant).

Answer 23

Ex Parte

Question 24

A person in charge of another person’s property or person (usually relates to minors).

Answer 24

Guardian

Question 25

A temporary or final declaration that declares the rights of individuals, including that one party owes money to another and specifying the amount owed.

Answer 25

Judgment

Question 26

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__”

Answer 26

Jurat

Question 27

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.

Answer 27

Laches

Question 28

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.

Answer 28

Lease

Question 29

The attachment of a legal claim on property until the debt on the property is satisfied.

Answer 29

Lein

Question 30

The process of pursuing a lawsuit.

Answer 30

Litigation

Question 31

A written instrument that is used to create a lien on real property until the debt is paid.

Answer 31

Mortgage on real property

Question 32

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.

Answer 32

Notary public

Question 33

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.

Answer 33

Oath (or affirmation)

Question 34

The party who starts a civil lawsuit.

Answer 34

Plaintiff

Question 35

A statement in writing by a person which gives another person the power to act for him.

Answer 35

Power of attorney

Question 36

(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.

Answer 36

Principal

Question 37

The formal declaration of the witness that he witnessed the execution of the instrument.

Answer 37

Proof

Question 38

A written statement by a notary that a promissory note or bill of exchange was presented for acceptance or payment was refused.

Answer 38

Protest

Question 39

The cancellation of a notary’s commission.

Answer 39

Revocation

Question 40

(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.

Answer 40

Satisfactory evidence

Question 41

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

Answer 41

Signature of notary public

Notary must sign his name (same name as under which appointed).

Question 42

A law that was created by the legislature.

Answer 42

Statute

Question 43

A law that states that certain contracts must be in writing to be enforceable. Other contracts (if partially completed) may also be enforceable.

Answer 43

Statute of frauds

Question 44

Law which prescribes the time during which a civil action or criminal prosecution must be commenced.

Answer 44

Statute of limitations

Question 45

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.

Answer 45

Subscribing witness

Question 46

A clause in an agreement (contract) which allows a future mortgage to take priority over an existing mortgage.

Answer 46

Subordination clause

Question 47

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.

Answer 47

Verification or proof by a notary