Legal terms

Question 0

Administrator

Answer 0

Administrator of an estate is appointed by the court (usually Surrogate’s or Supreme 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 1

Acknowledgment

Answer 1

Is 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.

Question 2

Affiant

Answer 2

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

Question 3

Affidavit

Answer 3

Is 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 4

Affirmation

Answer 4

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

Question 5

Apostile

Answer 5

An apostile is an authentication of a notarized document for County Clerk certified document. It is issued by the department of state. It is attached to the document and maybe used internationally.

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 witness 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 vendor (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 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) the will in some way.

Question 13

Consideration

Answer 13

Is what is given in value to induce someone to enter into a contract. Consideration examples are: property, money, services, etc.

Question 14

Contempt of court

Answer 14

Are actions which hinder the execution of court orders and display disrespect of the 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 contract.

Question 16

Conveyance

Answer 16

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

Question 17

Deponent

Answer 17

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

Question 18

Deposition

Answer 18

A 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 trail.

Question 19

Duress

Answer 19

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 20

Escrow

Answer 20

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

Question 21

Executor

Answer 21

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

Question 22

Ex Parte (one sided)

Answer 22

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

Question 23

Felony

Answer 23

Is an offense for which a sentence of imprisonment of more than a year (or death) may be imposed. Imprisonment for felonies in a NYS prison.

Question 24

Guardian

Answer 24

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

Question 25

Judgement

Answer 25

Declares the rights of individuals, including that one party owes money to another and specifying the amount owed. Judgements may be final or temporary.

Question 26

Jurat

Answer 26

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.

Question 27

Laches

Answer 27

Is 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.

Question 28

Lease

Answer 28

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

Question 29

Lien

Answer 29

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

Question 30

Litigation

Answer 30

Is the process of pursuing a lawsuit.

Question 31

Misdemeanor

Answer 31

A crime that is not a felony. Misdemeanors are less serious than felonies and are punishable by a sentence of imprisonment up to and including a year.

Question 32

Mortgage on real property

Answer 32

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

Question 33

Notary public

Answer 33

Is a public officer who among other things is authorized to administer oaths and a affirmations relating to the truth of statements, and authorized to execute acknowledgments of deeds or writings which may thereafter be admitted into evidence.

Question 34

Power of attorney

Answer 34

Is a statement in writing by a person which give another person the power to act for him.

Question 35

Proof

Answer 35

As it relates to the witnessing of the execution of instruments means he formal declaration of the witness that he witnessed the execution of he instrument. The witness must state his residence and that he knew the person signing the instrument.

Question 36

Seal

Answer 36

Notaries public are NOT required to use a seal. The only inscription required are the words, “Notary Public for the State of NY” and the name of the notary.

Question 37

Statue

Answer 37

Is s law at was created by the legislature.

Question 38

Statue of frauds

Answer 38

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

Question 39

Subordination clause

Answer 39

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

Question 40

Swear

Answer 40

Any mode of oath administration that is authorize by law.

Question 41

Venue

Answer 41

Is the geographical area where he affidavit or acknowledgment is taken by notary (Ex. County of Albany)

Question 42

Will

Answer 42

The instrument in which a person sets forth his wishes relating to the disposition of his property after his death.

Question 43

Plaintiff

Answer 43

Is the party who starts a civil lawsuit

Question 44

Oath

Answer 44

An oath or affirmation is a verbal pledge of truthfulness of the statements made.

Must be administered as prescribed by law.

The person taking the oath must be in front of the notary. Because of this, an oath canning be administered over the phone.

The persons taking the oath must say “I do.”

A corporation or partnership cannot take an oath.

The authority of the notary public cannot be delegated to another person.

The notary is prohibited from administering an oath to himself.

Question 45

Signature of notary public

Answer 45

Notary must sign his name (same as under which appointed). following are required:

-Signature and venue.
-Name printed beneath this signature.
-“Notary Public State of New York”beneath the signature.
Name of County we are qualified.
Date of expiration of commission

Single women who marries during her commission may use;

Her maiden name or 
maiden name (married name)

When she renews for commission, she can;
Renew under her maiden name or brand-new onto her married name.

A person may be appointed under a religious name.

Question 46

Taking an acknowledgment

Answer 46

A person who is named in the instrument informing the notary that he is the person and that he indeed did execute the instrument.

The act of the notary check in the identity of the person.

The actual “taking of an acknowledgment” by the notary is noted in the notary’s certification of taking the acknowledgment.

Question 47

Authentication (notarial)

Answer 47

A document that is signed by a notary may be authenticated by a county clerk. The authentication is comprised of a certificate issued by the County Clerk and attached to the document. The authentication verifies the notary public’s authority to act as a notary public. The authentication certificate is called a “County Clerk’s Certification.”

Question 48

Statue of limitations

Answer 48

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

Question 49

Sunday rules for the notaries publicand

Answer 49

An affirmation or knowledge meant MAY be taking on Sunday

A disposition in a civil proceeding CANNOT be taken on Sunday