Legal Terms Flashcards
A declaration made before an official that under the person’s free act and deed he did execute the instrument
Acknowledgement
An ______ of an estate is appointed by the court which empowers him to manage the affairs of a dead person.
Administrator
The court appoints an ____ where a person dies without leaving a will or leaves a will without naming an executor.
Adminstrator
An affidavit is signed by a person called the _____________.
Affiant
A person who doesn’t want to take an oath (bc of religious, ethical, or other reasons) may __________ as to the truthfulness.
Affirm
An _____________ is just as binding as an oath.
Affirmation
An _____ is an authentication of a notarized document or county clerk certified document. It is issued by the department of state. It is attached to the document an may be used internationally.
Apostile
To _____ is to be present at the execution of a written instrument and also to subscribe/sign the written instrument as witness to the execution of the instrument.
Attest
As it refers to wills, an _________ 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.
Attestation Clause
A document signed by a notary may be ________ by a county clerk.
Authenticated
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 _________ cannot be issued by a notary public.
Certified copy
This can only be issued by public officials who have custody of the original and can certify the copy is a true copy of the original on file
Certified copy
Property that is personal in nature, such as household goods. Doesn’t include real property (land, buildings)
Chattel
Written obligation to pay money for specific personal goods.
Chattel paper
Attachment to a will that adds to or changes the will in some way.
Codicil
_____ is what is given in value to induce someone to enter a contract.
Consideration
Examples of consideration.
Property, money, services, etc
Actions which hinder the execution of court orders and display disrespect of court’s authority.
Contempt of court
An agreement between parties. Can be oral or written, but must be legal consideration.
Contract
The instrument which creates, assigns, transfers, or surrenders an interest in real property is _________________.
Conveyance
Synonym for affiant.
Deponent
Synonym for deponent.
Affiant
A ______ is a person who signs the deposition and makes an oath to a written statement
Deponent
Testimony taken before an authorized official. 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. This is often used during the sale of a building.
Escrow
Person designated in a will to carry out the instructions of the deceased that are stated in the will.
Executor
A court proceeding that is one-sided. It is conducted with only one of the parties being present (plaintiff or defendant).
Ex parte
An offense for which a sentence of imprisonment of more than a year (or death) may be imposed. Imprisonment is held at a NYS prison.
Felony
A person in charge of another person’s property or person.
Guardian
Declares the rights of individuals, including a _________ that one part owes money to another and specifies the amount owed.
Judgement
Section of an affidavit which contains the certification of the notary public that the document was sworn to in front of the notary public.
Jurat
Negligence or delay in the assertion of a legal right. The concept of ____ may be used as a defense in certain legal proceedings, such as proceedings for unpaid rent.
Laches
Contract regarding the right to the possession of real property. 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.
Lien
Process of pursuing a lawsuit
Litigation
Crime that is not a felony. They are less serious than felonies, and are punishable by a sentence of imprisonment up to a year.
Misdemeanor
Written instrument that is used to create a lien on real property until the debt is paid.
Mortgage on real property
Public officer that is authorized to administer oaths and affirmations relating to the truth of statements, and authorized to execute acknowledgment of deeds or writings which may thereafter be admitted into evidence.
Notary public
Verbal pledge of the truthfulness of the statements made
Oath or affirmation
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
Formal declaration of the witness that he witnessed the execution of the instrument
Proof
Written statement by a notary that a promissory note or bill of exchange was presented for acceptance or payment was refused.
Protest
Notaries public are note required to use a__________
Seal
Inscription required for a notarized document
Notary Public for the State of New York & name of notary
Law that was created by the legislature
Statute
Law that states that certain contracts must be in writing to be enforceable. Other contracts (f partially completed) may be enforceable
Statute of frauds
Law which prescribe the time during which a civil action or criminal prosecution must be commenced
Statute of limitations
Clause in an agreement (contract) which allows a future mortgage to take priority over an exisiting mortage
Subordination clause
Any mode of oath administration that is authorized by law
Swear
Instrument in which a persons sets forth his wishes relating to the disposition of his property after his death.
Will
Geographical area where the affidavit or acknowledgment is taken by notary (Example: County of Albany)
Venue
