Sample questions Flashcards

Practice test

1
Q

What is the educational requirement for a notary public

A

Common school diploma

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2
Q

What is contained in the certificate under seal made by a notary when a safe deposit box is opened?

A
  1. The date of the opening of the safe deposit box
  2. The name of the lessee
  3. A list of the contents
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3
Q

What is the fee for a county clerk’s certificate of official character?

A

$1

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4
Q

A licensed Attorney may substitute these words in place of “Notary Public”

A

Attorney and Counselor at Law

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5
Q

What is the document used as a testimony in a court proceeding?

A

Deposition

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6
Q

What conviction will bar a candidate to be appointed as a notary public?

A

A crime

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7
Q

What is the template for the Jurat

A

“Sworn to before me this ____ day of ____.”

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8
Q

What is a general requirement to become a notary public?

A

Be a united states citizen

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9
Q

True or false: A former commissioner of deeds for NYC who was removed from office can be a notary public.

A

False

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10
Q

What is the fee charged to a person for an affidavit at the county clerk’s office?

A

A notary should not charge a fee for any business at the county clerk’s office during business hours

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11
Q

Any person who is not a notary public but who represents himself as such is guilty of

A

A misdemeaner

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12
Q

True or false: When the secretary of state issues a duplicate notary identification card, it is an exact copy

A

False

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13
Q

True or false: When the secretary of state issues a duplicate notary identification card, the word “duplicate” will be stamped across it.

A

True

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14
Q

True or false: When the secretary of state issues a duplicate notary identification card, a fee of $10 will be charged.

A

True

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15
Q

How long can a notary serve before they must renew their license?

A

4 years

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16
Q

What act can a notary public not do on a Sunday

A

Take a deposition

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17
Q

Can a notary public take an acknowledgement or an affidavit on a Sunday?

A

Yes

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18
Q

Can a notary public administer an oath on a Sunday?

A

Yes

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19
Q

Which of the following are not defects that will cause a notary act to be deemed invalid?
A. The action occurred on a Sunday
B. The action was outside his jurisdiction
C. Misspelling of his name
D. Expiration of his term

A

A.
A notary can perform all actions on a Sunday, except a Deposition

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20
Q

A misdemeanor is

A

Any crime other than a felony

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21
Q

What is printed on a notary public ID card

A

Their name, Address and county, and commission term

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22
Q

What do the witnesses to a will sign?

A

The attestation clause

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23
Q

Which class felony is forgery in the second degree?

A

D

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24
Q

What is the fee for an authentication certificate issued by a county clerk?

A

$3

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25
Q

What will a notary who knowingly makes a false certificate be prosecuted for?

A

Forgery

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26
Q

What does a county clerk’s certificate authenticate?

A

The authority of a notary

27
Q

True or False: Conveyances of real property can be recorded in a foreign language with no translations if there is an interpreter.

A

False. A conveyance written in another language must have a copy attached in English.

28
Q

True or False: Conveyances of real property can be recorded in a foreign language if a translation is attached in English and has been issued by a person designated for such purpose by the county judge.

A

True.

29
Q

Who approves the appointment of a notary public?

A

The secretary of state

30
Q

If the rental fee of a safe deposit box is not paid, the contents can be removed within at least how many days?

A

30 days, provided a letter was sent to the owner within 10 days.

31
Q

A notary public is not authorized to

A

administer oaths to himself

32
Q

What must be asked in an affirmation?

A

“Do you solemnly, sincerely, and truly, declare and affirm that the statements made by you are true and correct?”

33
Q

What must be asked in an oath?

A

“Do you solemnly swear that the contents of this affidavit subscribed by you is correct and true?”

34
Q

What actions are prohibited for a notary to do?

A
  1. May not give advice on law
  2. May not steer people towards a lawyer with whom he has a business connection to or financial interest with.
  3. May not share fees with a lawyer
  4. May not advertise services outside of parameters of a notary.
35
Q

What is the civil practice law and rules?

A

The rule that authorizes a deposition to be taken before a notary in a civil proceeding.

36
Q

A notary public is a

A

Public Officer

37
Q

Which degree in forgery is a person guilty of when he has the intent to defraud, injure, or deceive another?

A

Second

38
Q

A notary public may not be removed from office for misconduct unless the person:

A
  1. is served with a copy of the charges against him or her
  2. Has had an opportunity to be heard.
39
Q

What is the total commission fee for the appointment of a notary public?

A

$60.
$40 for appointment and $20 for filing of Oath of Office

40
Q

True or False: A notary can charge $2 for every oath of office

A

False. A notary cannot charge any fees for administering an oath of office.

41
Q

What is the name of what a notary places beneath his signature?

A

Statement of Authority

42
Q

True or False: Is is forgery to take an acknowledgement over the phone?

A

False. It is a misdemeanor.

43
Q

True or False: A notary can perform notary duties if he is a grantee, mortgagor, or is beneficially interested in a conveyance.

A

False.

44
Q

What is the statute of limitations?

A

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

45
Q

True or False: A notary public can protest for non-payment if he is a shareholder and has financial interest in a corporation.

A

False. He must not be financially interested.

46
Q

True or False: A notary public can administer an oath to a party of a corporation if he is a shareholder and has financial interest in a corporation.

A

True

47
Q

True or False: A notary public can take an acknowledgement if he is a shareholder in a corporation and if he is the party executing the acknowledgement.

A

False. He must not be a party executing the acknowledgement.

48
Q

True or False: An indictment for perjury on an affidavit is valid as long as the affiant nodded their head yes and put their prints in the designated box.

A

False. The affiant must have said “I do” verbally or words of like meaning after the oath is read.

49
Q

If a notary public refuses to notarize an affidavit after all requirements are met, what is the potential maximum sentence of imprisonment?

A

1 year

50
Q

Who can issue certified copies of a public record?

A

A public official who holds custody of the original

51
Q

Who can issue the certificate of official character of a notary public?
A. The secretary of state and county clerk
B. The secretary of state only

A

B

52
Q

True or false: Being found guilty of contempt of court is not the same thing as a misdemeanor?

A

True

53
Q

A class A misdemeanor cannot exceed __ year(s) in prison

A

1 year

54
Q

What is the fee to administer an oath or affirmation?

A

$2

55
Q

What is the maximum sentence for a Class E felony

A

4 Years

56
Q

True or False: a deposition is an ex parte statement?

A

False. And affidavit is an ex parte statement.

57
Q

An acknowledgement should not be taken unless the notary has satisfactory evidence that the person making the acknowledgement:

A

Is the person described and who executed the instrument.

58
Q

What is the fee for a duplicate notary ID card

A

$10

59
Q

True or False: Taking an acknowledgement before taking an oath of office is an example of forgery in the second degree?

A

False

60
Q

True or False: Altering a public record with the intent to deceive is an example of forgery in the second degree?

A

True

61
Q

What must be stated by the subscribing witness when executing a conveyance?

A

His place of residence

62
Q

Statute of frauds

A

The state law that refers that certain contracts must be in writing so that they can be enforceable at law

63
Q

What is a notary public guilty of when he issues an instrument knowing that it contains false information with the intent to defraud

A

Issuing a false certificate

64
Q

What is a notary public guilty of when he refuses to officiate on request?

A

A misdemeanor