Legal Terms

Question 1

Acknowledgment

Answer 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.

Question 2

Administrator

Answer 2

An administrator of an estate is appointed by the court which empowers him to manage the affairs of the decedent (dead person). The court appoints an administrator where a person dies without leaving a will, or leaves a will without naming an executor.

Question 3

Affiant

Answer 3

An affidavit (a sworn to or affirmed written statement) is signed by a person called the affiant.

Question 4

Affidavit

Answer 4

A signed statement that is sworn to by the person signing it. An affidavit is sworn to in front of a notary public or other officer with authority to administer an oath.

Question 5

Affirmation

Answer 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. The act of affirming is called the affirmation. An affirmation is just as binding as an oath.

Question 6

Attest

Answer 6

To attest is 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.

Question 7

Attestation clause

Answer 7

As it refers to wills, an attestation clause is 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.

Question 8

Bill of sale

Answer 8

A bill of sale is 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.

Question 9

Certified copy

Answer 9

A certified copy may NOT be issued by a notary public. They 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.

Question 10

Chattel

Answer 10

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

Question 11

Chattel paper

Answer 11

A written obligation to pay money for specific goods is known as chattel paper

Question 12

Codicil

Answer 12

As it relates to wills, a codicil is an attachment to a will that adds to or changes (modifies) will in some way.

Question 13

Consideration

Answer 13

What is given in value to induce someone to enter into a contract. Some consideration examples are: property, money, services, etc.

Question 14

Contempt of court

Answer 14

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

Question 15

Contract

Answer 15

A contract (an agreement between parties) can be oral or written. For there to be a contract, there must be legal consideration to enter into the contract.

Question 16

Conveyance

Answer 16

The instrument which creates, assigns, transfers or surrenders an interest in real property is called a conveyance.

Question 17

Credible witness

Answer 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.

Question 18

Deponent

Answer 18

same as affiant. A deponent (affiant) is a person who signs the deposition and makes an oath to a written statement.

Question 19

Deposition

Answer 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.

Question 20

Duress

Answer 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.

Question 21

Escrow

Answer 21

The depositing of an instrument with a person who on the occurrence of an event must give the instrument to a designated person. Escrow is often used during the sale of a building.

Question 22

Executor

Answer 22

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

Question 23

Ex Parte

Answer 23

A court proceeding is ex parte (one sided) when it is conducted with only one of the parties being present (plaintiff or defendant).

Question 24

Guardian

Answer 24

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

Question 25

Judgment

Answer 25

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

Question 26

Jurat

Answer 26

A jurat is 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__”

Question 27

Laches

Answer 27

The negligence or delay in the assertion of a legal right. The concept of laches may be used as a defense in certain legal proceedings, such as in proceedings for unpaid rent.

A claim of laches requires the following components: a delay in bringing the action, a delay that is unreasonable and. that prejudices the defendant.

Question 28

Lease

Answer 28

Lease is a contract regarding the right to the possession of real property (land or buildings). It is made for consideration (rent, lease payments) and transfers the right to possession of real property for a period of time.

Question 29

Lien

Answer 29

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

Question 30

Litigation

Answer 30

The process of pursuing a lawsuit.

Question 31

Mortgage on real property

Answer 31

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

Question 32

Notary public

Answer 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.

Question 33

Oath

Answer 33

An oath or affirmation is a verbal pledge of the truthfulness of the statements made. An oath or affirmation must be administered as prescribed by law. The person taking the oath must be in front of the notary. Because of this, an oath cannot be administered over the phone. The person taking the oath must say “I do.”
A corporation cannot take an oath.
A partnership cannot take an oath.
The authority of the notary public cannot be delegated to another person.
A notary public is prohibited from administering an oath to himself.

Question 34

Plaintiff

Answer 34

The party who starts a civil lawsuit.

Question 35

Power of attorney

Answer 35

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

Question 36

Principal - (NPA 10B-3)

Answer 36

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.

Question 37

Proof

Answer 37

As it relates to the witnessing of the execution of instruments means the formal declaration of the witness that he witnessed the execution of the instrument.

Question 38

Protest

Answer 38

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

Question 39

Revocation
(of a notary’s commission)

Answer 39

The cancellation of a notary’s commission.

Question 40

Satisfactory evidence (NPA 10B-3)

Answer 40

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.

Question 41

Signature of notary public

Answer 41

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

Question 42

Statute

Answer 42

A law that was created by the legislature.

Question 43

Statute of frauds

Answer 43

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

Question 44

Statute of limitations

Answer 44

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

Question 45

Subscribing witness

Answer 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

Question 46

Subordination clause

Answer 46

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

Question 47

Verification or proof

Answer 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.