Legal terms Flashcards
Administrator
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.
Acknowledgment
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.
Affiant
An affidavit (A sworn to or affirmed and written statement) is signed by a person called a affiant.
Affidavit
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.
Affirmation
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
Apostile
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.
Attest
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.
Attestation clause
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.
Bill of sale
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.
Certified copy
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.
Chattel
Chattel means property that is personal in nature such as household goods. Chattel does not include real property (land, buildings)
Chattel paper
A written obligation to pay money for specific goods is known as chattel paper.
Codicil
As it relates to wills, a codicil is an attachment to a will that adds to or changes (modifies) the will in some way.
Consideration
Is what is given in value to induce someone to enter into a contract. Consideration examples are: property, money, services, etc.
Contempt of court
Are actions which hinder the execution of court orders and display disrespect of the court authority.
Contract
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.
Conveyance
The instrument which creates, assigns, transfers or surrenders an interest in real property is called conveyance.
Deponent
The same as affiant. A deponent is a person who signs the deposition and makes an oath to a written statement.
Deposition
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.
Duress
Exercising unlawful constraint on a person with the intention of forcing him to do certain acts which may be against the person’s will.
Escrow
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.
Executor
A person designated (named) in a will to carry out the instructions of the deceased that are listed in the will.
Ex Parte (one sided)
A court proceeding is ex parte (one sided) when it is conducted with only one of he parties being present (plaintiff or defendant).
Felony
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.
Guardian
A person in charge of another person’s property or person (usually relates to guardians of minors).
Judgement
Declares the rights of individuals, including that one party owes money to another and specifying the amount owed. Judgements may be final or temporary.
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.
Laches
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.
Lease
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.
Lien
Is the attachment of a legal claim on property until the debt on the property is satisfied.
Litigation
Is the process of pursuing a lawsuit.
Misdemeanor
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.
Mortgage on real property
A written instrument that is used to create a lien on real property until he debt is paid.
Notary public
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.
Power of attorney
Is a statement in writing by a person which give another person the power to act for him.
Proof
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.
Seal
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.
Statue
Is s law at was created by the legislature.
Statue of frauds
A law which prescribe the time during which a civil action or criminal prosecution must be commenced.
Subordination clause
An agreement (contract) which allows a future mortgage to take priority over an existing mortgage.
Swear
Any mode of oath administration that is authorize by law.
Venue
Is the geographical area where he affidavit or acknowledgment is taken by notary (Ex. County of Albany)
Will
The instrument in which a person sets forth his wishes relating to the disposition of his property after his death.
Plaintiff
Is the party who starts a civil lawsuit
Oath
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.
Signature of notary public
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.
Taking an acknowledgment
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.
Authentication (notarial)
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.”
Statue of limitations
Law which prescribes the time during which a civil action or criminal prosecution must be commenced.
Sunday rules for the notaries publicand
An affirmation or knowledge meant MAY be taking on Sunday
A disposition in a civil proceeding CANNOT be taken on Sunday
