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IL-Notary Administering Oaths and Affirmations Flashcards

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  1. Under Illinois law, what is the key difference between an oath and an affirmation?

    Answer: An oath invokes a deity while an affirmation is a solemn secular pledge

    An oath is a solemn pledge invoking a divine being, while an affirmation is a legally equivalent secular alternative for those who object to swearing by God.

  2. Which document typically requires a notary to administer an oath or affirmation to the signer?

    Answer: A jurat

    A jurat requires the notary to administer an oath or affirmation to the signer, who swears or affirms that the contents of the document are true.

  3. When a person requests an affirmation instead of an oath in Illinois, a notary must:

    Answer: Administer the affirmation without requiring a reason

    Illinois notaries must honor a request for an affirmation without demanding justification, as it is a legal right of the individual.

  4. For a jurat to be valid in Illinois, which action by the notary is mandatory?

    Answer: Personally administering the oath or affirmation at the time of signing

    The notary must personally administer the oath or affirmation at the time the document is signed—this cannot be done remotely or after the fact.

  5. A credible witness may be used in an Illinois oath ceremony when:

    Answer: The signer lacks acceptable identification

    A credible witness personally known to the notary can vouch for the identity of a signer who cannot produce acceptable ID.

  6. Under the Illinois Notary Public Act, which of the following is an authorized act that includes administering oaths?

    Answer: Taking depositions

    Illinois notaries are authorized to take depositions, which includes administering the oath to the deponent before their testimony is recorded.

  7. In Illinois, what wording must the notary use to properly close an oath administered for an affidavit?

    Answer: 'So help you God?' — to which the affiant replies 'I do' or 'I swear'

    A proper oath ceremony requires the notary to verbally pose the oath question and receive an affirmative spoken response from the affiant.