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Notary Public_NY > Notary Public Key Terms > Flashcards

Notary Public Key Terms Flashcards

1
Q

What is an Administrator?

A

A person appointed by the court to manage the estate of a deceased person who left no
will.

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2
Q

What is an Affiant?

A

The person who makes and subscribes his signature to an affidavit.

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3
Q

What is an Affidavit?

A

An affidavit is a signed statement, duly sworn to, by the maker thereof, before a notary
public or other officer authorized to administer oaths. The venue, or county wherein the
affidavit was sworn to should be accurately stated. The oath must be in person.

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4
Q

What is an Affirmation?

A

A solemn declaration made by persons who conscientiously decline taking an oath; it is
equivalent to an oath and is just as binding. “Do you solemnly, sincerely, and truly, declare
and affirm that the statements made by you are true and correct.”

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5
Q

What is an Apostile?

A

Department of State authentication attached to a notarized and county-certified document
for possible international use.

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6
Q

What does Attest mean?

A

To witness the execution of a written instrument, at the request of the person who makes
it, and subscribe the same. as a witness.

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7
Q

What is an Attestation Clause?

A 
That clause (e.g., at the end of a will) wherein the witnesses certify that the instrument
has been executed before them, and the manner of the execution of the same.
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8
Q

What is an Authentication (Notarial)?

A

A certificate subjoined by a county clerk to any certificate of proof or acknowledgment or
oath signed by a notary; this county clerk’s certificate authenticates or verifies the
authority of the notary public to act as such.

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9
Q

What is a Bill of Sale?

A

A written instrument given to pass title of personal property from vendor to vendee.

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10
Q

What is a Certified Copy?

A

A copy of a public record signed and certified as a true copy by the public official having
custody of the original. >A notary public has no authority to issue certified copies.

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11
Q

What is Chattel?

A

Personal property, such as household goods or fixtures.

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12
Q

What is Chattel Paper?

A

A writing or writings which evidence both an obligation to pay money and a security interest in a lease or specific goods. The agreement which creates
or provides for the security interest is known as a security agreement.

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13
Q

What is a Codicil?

A

An instrument made subsequent to a will and modifying it in some respects.

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14
Q

What is Consideration?

A

Anything of value given to induce entering into a contract; it may be money, personal
services, or even love and affection

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15
Q

What does Contempt of Court mean?

A

Behavior disrespectful of the authority of a court which disrupts the execution of court
orders.

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16
Q

What is a Contract?

A

An agreement between competent parties to do or not to do certain things for a legal
consideration, whereby each party acquires a right to what the other possesses.

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17
Q

What is a Conveyance (Deed)?

A

Every instrument, in writing, except a will, by which any estate or interest in real
property is created, transferred, assigned or surrendered.

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18
Q

What is a County Clerk’s Certificate also known as?

A

Authentication (Notarial)

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19
Q

What is a Deponent?

A

One who makes oath to a written statement. Technically, a person subscribing a
deposition but used interchangeably with >“Affiant.”

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20
Q

What is a Deposition?

A

The testimony of a witness taken out of court or other hearing proceeding, under oath or
by affirmation, before a notary public or other person, officer or commissioner before whom such testimony is authorized by law to be taken, which is intended to be used at
the trial or hearing.

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21
Q

What is Duress?

A

Unlawful constraint exercised upon a person whereby he is forced to do some act against
his will.

22
Q

What does Escrow mean?

A

The placing of an instrument in the hands of a person as a depository who on the
happening of a designated event, is to deliver the instrument to a third person. This agreement, once established, should be unalterable.

23
Q

What is an Executor?

A

One named in a will to carry out the provisions of the will.

24
Q

What does Ex Parte mean?

A

(From One Side Only) A hearing or examination in the presence of, or on papers filed by, one party and in the absence of the other.

25
Q

What is a Felony?

A

A crime punishable by death or imprisonment in a state prison.

26
Q

What is a Guardian?

A

A person in charge of a minor’s person or property.

27
Q

What is a Judgment?

A

Decree of a court declaring that one individual is indebted to another and fixing the amount of such indebtedness.

28
Q

What is a Jurat?

A

A jurat is that part of an affidavit where the officer (notary public) certifies that it was sworn to before him directly below the signature of the affidavit. It is not the affidavit.
The following is the form of jurat generally employed:
“Sworn to before me this …….. day of …….., 20 ……”

29
Q

What are Laches?

A

The delay or negligence in asserting one’s legal rights.

30
Q

What is a Lease?

A

A contract whereby, for a consideration, usually termed rent, one who is entitled to the possession of real property transfers such right to another for life, for a term of years or at will.

31
Q

What is a Lien?

A

A legal right or claim upon a specific property which attaches to the property until a debt is satisfied.

32
Q

What is a Litigation?

A

The act of carrying on a lawsuit.

33
Q

What is a Misdemeanor?

A

Any crime other than a felony.

34
Q

What is a Mortgage On Real Property

A

An instrument in writing, duly executed and delivered that creates a lien upon real estate as security for the payment of a specified debt, which is usually in the form of a bond.

35
Q

What is a Notary Public?

A

A public officer who executes acknowledgments of deeds or writings in order to render them available as evidence of the facts therein contained; administers oaths and affirmation as to the truth of statements contained in papers or documents requiring the
administration of an oath.

36
Q

What is an Oath?

A

An in-person verbal pledge or affirmation that the person unequivocally swears or affirms that
what he states is true; that he swears or affirms as of that time; and, lastly, that the person conscientiously takes upon himself the obligation of an oath.

37
Q

What is a Plantiff?

A

A person who starts a suit or brings an action against another.

38
Q

What is Power of Attorney?

A

A written statement by an individual giving another person the power to act for him.

39
Q

What is Proof?

A

A formal declaration made by a subscribing witness to the execution of an instrument setting forth his place of residence, that he knew the person described in and who executed the instrument and that he saw such person execute such instrument.

40
Q

What is a Protest?

A

A formal statement in writing by a notary public, under seal, that a certain bill of exchange or promissory note was on a certain day presented for payment, or acceptance, and that such payment or acceptance was refused.

41
Q

What is a Seal?

A

The laws of the State of New York do not require the use of seals by notaries public.
If a seal is used, it should sufficiently identify the notary public, his authority and jurisdiction. It is the opinion of the Department of State that the only inscription required is the name of the notary and the words “Notary Public for the State of New York.”

42
Q

What is a Signature of Notary Public?

A

A notary public must sign the name under which he was appointed and no other. In addition to his signature and venue, the notary public shall print, typewrite or stamp beneath his signature in black ink, his name, the words >“Notary Public State of New
York,” the name of the county in which he is qualified, and the date upon which his commission expires.

43
Q

What is a Statute?

A

A law established by an act of the Legislature.

44
Q

What is the Statute of Frauds?

A

State law which provides that certain contracts must be in writing or partially complied with, in order to be enforceable at law.

45
Q

What are Statute of Limitations?

A

A law that limits the time within which a criminal prosecution or a civil action must be started.

46
Q

What is a Subordination Clause?

A

A clause which permits the placing of a mortgage at a later date which takes priority over an existing mortgage.

47
Q

What are the rules for Sundays?

A

A notary public may administer an oath or take an affidavit or acknowledgment on Sunday. However, a deposition cannot be taken on Sunday in a civil proceeding.

48
Q

What is a Swear?

A

This term includes every mode authorized by law for administering an oath.

49
Q

What is Taking an Acknowledgment mean?

A

The act of the person named in an instrument telling the notary public that he is the person named in the instrument and acknowledging that he executed such instrument; also includes the act of the notary public in obtaining satisfactory evidence of the identity of the person whose acknowledgment is taken. The notary public “certifies to the taking of the acknowledgment” when the notary signs his official signature to the form setting forth the fact of the taking of the acknowledgment.

50
Q

What is a Venue?

A

The geographical place where a notary public takes an affidavit or acknowledgment. E.g.: State of New York, County of (New York). Executive Law imposes the duty on the notary public to include the venue of his act in all certificates of acknowledgments or jurats to affidavits.

51
Q

What is a Will?

A

The disposition of one’s property to take effect after death.

Notary Public_NY (1 decks)

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