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Notary 101 > Notary > Flashcards

Notary Flashcards

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1
Q

Attorney in Fact

A

The person authorized to act for another by a power of attorney.

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2
Q

Authentication

A

Process of proving the genuineness of the sign and seal of a notary or other official, usually through the attachment of a certificate of authority.

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3
Q

Acknowledgment

A

An act in which a notary certified having positively identified a document signer, who personally appeared before the notary, and admitted to having signed the document.

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4
Q

Attest

A

To bear witness or certify.

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5
Q

Apostille

A

Authenticating certificate required by The Hague Convention that replaces a traditional chain of certificates.

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6
Q

Affix

A

To attach or impress the notary seal to a document.

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7
Q

Affirmation/Affirm

A

Spoken, solemn promise on one’s person honor, with no reference to a supreme being, that is made before a notary in relation to a jurat or other Notarial act or as a notary act on its own.

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8
Q

Affidavit

A

Written statement signed before a notary by a person who swears or affirms to the notary that the statement is true.

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9
Q

Administer

A

To give formally, as in “giving” an oath.

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10
Q

Bond

A

A written guarantee that money up to a limit will be paid by a surety to a person financially damaged by a notary’s misconduct in the event the notary fails to do so.

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11
Q

Custodian of the document

A

Keeper of the document.

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12
Q

Commission

A

The certificate issued by the governor verifying appointment as a notary public. It bears the commission number and beginning and end dates of appointment.

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13
Q

Codicil

A

A supplement or addendum to a will.

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14
Q

Chain of personal knowledge

A

Knowledge of identity linking the notary with the signer through a credible identifying witness to establish the signers identity.

Notary knows the credible witness >credible witness knows the signer.

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15
Q

Certificate

A

Wording completed, signed and sealed by a notary that states the particulars of a notarization and appears at the end of a signed document or on a paper attached to it.

Also known as a “statement of particulars” or “notary block”.

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16
Q

Certified Copy

A

Document certificate by an official such as a notary to be an accurate reproduction of an original.

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17
Q

Deed

A

A document by which a person conveys (transfers) real property.

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18
Q

Deposition

A

The testimony of a witness, under oath or affirmation, taken outside of court in which lawyers ask for oral questions of the witness. The testimony is usually reduced to writing and duly authenticated and is intended to be used in trial.

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19
Q

Deponent

A

The person giving testimony in a deposition.

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20
Q

Execute a document

A

To perform all formalities needed to make a document fully effective. Often a matter of signing but may require delivery or other elements.

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21
Q

Free Act and Deed

A

To admit one’s acts and accept responsibility for it.

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22
Q

Grantee

A

A person who receives the deed of a real property from the grantor.

23
Q

Grantor

A

The person who transferred a deed of a property. I.e. generally the seller.

24
Q

Hauge Convention

A

Abolishing the requirement of legislation for foreign public documents, signed by more than 90 nations, that simplifies authentication of notarized documents between nations.

25
Q

Instrument

A

A written document.

26
Q

Jurat

A

The written Notarial certificate of and sworn statement or affidavit completed by the notary public indicating that the document was sworn or affirmed by the signer.

27
Q

Lease

A

An agreement between 2 parties, where one party is owner of a certain property and grants to another party the right to possess, use, and enjoy such property for a specific time in exchange for periodic payment of a stipulated price, referred to as “rent”.

28
Q

Lessee

A

One who rents property from another person.

29
Q

Lessor

A

One who rents property to another person.

30
Q

Lien

A

A legal right or security attached to real estate or personal property until the payment of some debt, obligation, or duty.

31
Q

Litigation

A

A lawsuit or legal action.

32
Q

Malfeasance

A

The doing of an act which a person should not do at all.

33
Q

Misfeasance

A

The improper doing of an act which a person might lawfully do.

34
Q

Notarial Act

A

The official acts of a notary public administering an oath, taking an acknowledgment, attesting to a photocopy, or any other act authorized by law.

35
Q

Notarial Certificate

A

A written statement made by a notary public, certifying specific facts for the Notarial acts performed.

36
Q

Oath

A

Any form of attestation or pledge by which a person signifies they are bound in conscience and out of a sense of responsibility to a supreme being to the truthfulness of a statement.

37
Q

Personally Known

A

Having an acquaintance derived from association with an individual, which establishes the individuals identity with at least reasonable certainty.

38
Q

Power of Attorney

A

A document authorizing a person to act as another’s agent or attorney for a specific purpose.

39
Q

Principal

A

The person making the power of attorney.

40
Q

Quitclaim Deed

A

A deed intended to pass any title, interest, or claim which the grantor may have in the real property, but not professing that any such title is valid or containing any warranty for title.

41
Q

Representative Signer

A

People with the legal authority to sign for another individual, organization, or legal entity. I.e. attorney in fact, trustee, corporate officer, and partner.

42
Q

Swear

A

To take an oath.

43
Q

Subscribe

A

Sign

44
Q

Solemnize the rights of matrimony

A

To perform a marriage ceremony.

45
Q

Satisfactory Evidence

A

As one of the acceptable forms of Id specified in 117.05(5), providing the notary does not have information, evidence, or other circumstances which would lead a reasonable person to believe the person making the acknowledgment is not the person they claim to be.

46
Q

Signature by Proxy

A

Signature made on behalf of a principle by a notary or third party who is not an attorney in fact.

47
Q

Signature by Mark

A

An “X” or other symbol made in place of a signature by a person unable to write, witnessed by a notary and 2 other witnesses.

48
Q

Testator

A

The person making a will.

49
Q

Vital record

A

Birth, death, marriage certificate or other public record of demographic data.

50
Q

Venue

A

The location where the Notarial act is taking place.

51
Q

Warranty deed

A

A deed in which a grantor warrants or guarantees good clear title to the real property.

52
Q

Will

A

An instrument by which a person makes a disposition of his or her property, to take effect after their death.

53
Q

Impartial Witness

A

Observer without bias, one who has no financial or beneficial interest in the transaction.

Notary 101 (1 decks)

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