Louisiana Notary Public Exam — Questions and Answers

Question 1: Which of the following vices of consent can vitiate (invalidate) a contract under Louisiana Civil Code?

Duress, simulation, and confusion
Fraud, lesion, and incapacity
Error, fraud, and duress (violence) (Correct answer)
Inadequacy of price, error, and duress

Correct answer: Error, fraud, and duress (violence)

Louisiana Civil Code Art. 1948 provides that consent may be vitiated by error, fraud, or duress (violence); inadequacy of price alone does not vitiate consent except where lesion is specifically available.

Question 2: Under Louisiana Civil Code, what is a predial servitude?

A mortgage placed on agricultural land to secure a debt
A personal right granted to a named individual to use another person's immovable
A right of an heir to receive immovable property at the owner's death
A charge on a servient estate for the benefit of a dominant estate owned by a different person (Correct answer)

Correct answer: A charge on a servient estate for the benefit of a dominant estate owned by a different person

Louisiana Civil Code Article 646 defines a predial servitude as a charge imposed on one estate (the servient estate) for the benefit of another estate (the dominant estate) belonging to a different owner. It attaches to the land, not to any specific individual.

Question 3: Under Louisiana Civil Code Article 3020, what is the legal effect when a principal ratifies an act that was performed without authority or in excess of the mandatary's authority?

Ratification is effective only prospectively and does not affect prior obligations
Ratification is ineffective; only a new mandate can cure the unauthorized act
Ratification retroactively validates the act from the moment it was performed, as if authority had existed at that time (Correct answer)
Ratification requires a separate authentic act to become legally binding

Correct answer: Ratification retroactively validates the act from the moment it was performed, as if authority had existed at that time

Louisiana Civil Code Article 3020 provides that ratification by a principal relates back to the time of the unauthorized act, giving it the same effect as if the mandatary had been properly authorized from the outset. This retroactive validation protects third parties who dealt in good faith.

Question 4: The prescriptive period for acts or omissions of notaries that cause damage (negligence in preparation of documents) is:

weight in the civil law system.
one year from the act or omission or one year from date of discovery of act/omission, but not more than three years from date of act/omission. (Correct answer)
it's the law between the parties. must be performed in good faith.
true, if the acts are valid according to law.

Correct answer: one year from the act or omission or one year from date of discovery of act/omission, but not more than three years from date of act/omission.

Louisiana law establishes specific prescriptive periods for legal actions, including those against notaries for negligence. The prescriptive period for acts or omissions of notaries that cause damage is one year from the date of the act or omission, or one year from the date of discovery of the act or omission. However, this period is capped at a maximum of three years from the date of the act or omission, providing a definitive limit for liability.

Question 5: What is a particular legacy versus a universal legacy in Louisiana succession law?

Universal legacies are only for charities
They are the same
A universal legacy gives all or a fraction of the estate; a particular legacy gives specific property or a specific sum (Correct answer)
A particular legacy is more valuable

Correct answer: A universal legacy gives all or a fraction of the estate; a particular legacy gives specific property or a specific sum

Universal legacies convey the whole or a fraction; particular legacies convey specific items or amounts.

Question 6: When a usufruct is established over a piece of property, the owner of the property retains what is known as:

Precarious possession
Full ownership
Naked ownership (Correct answer)
Servitude

Correct answer: Naked ownership

When a usufruct is created, the full ownership is divided. The usufructuary gets the rights of use (usus) and fruits (fructus), while the original owner retains the right to dispose of the property (abuses), subject to the usufruct. This remaining right is called naked ownership.

Question 7: What is the difference between a mandate and a contract of employment under Louisiana law?

A mandate is always free; employment is always paid
Employment requires a notarial act; mandate does not
There is no difference
A mandate involves representation and authority to bind the principal; employment involves performing services without the power to represent (Correct answer)

Correct answer: A mandate involves representation and authority to bind the principal; employment involves performing services without the power to represent

The key distinction is that a mandate involves the power of representation.

Question 8: Under Louisiana Civil Code, which type of obligation arises when a party is bound to perform without any corresponding obligation from the other party?

Bilateral obligation
Natural obligation
Unilateral obligation (Correct answer)
Conditional obligation

Correct answer: Unilateral obligation

A unilateral obligation binds only one party to perform, unlike a bilateral obligation where both parties have reciprocal duties.

Question 9: What does interdiction mean in Louisiana law?

A restriction on international travel
A ban on certain business practices
A judicial proceeding to declare a person unable to care for themselves due to mental incapacity (Correct answer)
A court order prohibiting construction

Correct answer: A judicial proceeding to declare a person unable to care for themselves due to mental incapacity

Interdiction is the Louisiana civil law procedure for judicially declaring a person incapable due to mental infirmity.

Question 10: Can a Louisiana notary perform notarial acts outside their parish of commission?

Only in adjacent parishes
Only with special court permission
Yes, Louisiana notaries commissioned after certain dates have statewide authority (Correct answer)
No, they are strictly limited to their parish

Correct answer: Yes, Louisiana notaries commissioned after certain dates have statewide authority

Modern Louisiana notaries have statewide authority.

Question 11: Under Louisiana law, what must a notary advise regarding renunciation of a succession?

An heir may renounce a succession in writing filed in the succession record, and the renunciation relates back to the date of death (Correct answer)
Renunciation requires unanimous family consent
Heirs cannot renounce an inheritance
Renunciation is only for debts exceeding $1 million

Correct answer: An heir may renounce a succession in writing filed in the succession record, and the renunciation relates back to the date of death

An heir may renounce their inheritance, and the renunciation is retroactive to the date of death.

Question 12: Under Louisiana law, how does a testator revoke a testament?

By executing a new testament that expressly revokes the prior one, or by making a subsequent testament with irreconcilable provisions (Correct answer)
By telling a family member
By filing a form with the parish clerk
A testament cannot be revoked

Correct answer: By executing a new testament that expressly revokes the prior one, or by making a subsequent testament with irreconcilable provisions

Revocation requires a new testament or one with inconsistent provisions.

Question 13: Under Louisiana law, what is a building restriction?

A government zoning regulation
A charge imposed on an immovable by a private party restricting the use of the property for the benefit of other property or a community (Correct answer)
A construction safety code
A building permit requirement

Correct answer: A charge imposed on an immovable by a private party restricting the use of the property for the benefit of other property or a community

Building restrictions are private charges that limit property use, commonly found in subdivisions.

Question 14: Under Louisiana civil law, what is a synallagmatic contract?

A contract that benefits only one party
A contract where both parties are bound to perform reciprocal obligations (Correct answer)
A contract that must be in writing
A contract made before a notary public

Correct answer: A contract where both parties are bound to perform reciprocal obligations

A synallagmatic (bilateral) contract creates reciprocal obligations for both parties.

Question 15: Under Louisiana Civil Code, what is the difference between movables and immovables?

There is no legal distinction
Movables are rented; immovables are owned
Immovables are tracts of land, component parts of land, and rights relating to land; all other things are movables (Correct answer)
Movables are items under $500; immovables are over $500

Correct answer: Immovables are tracts of land, component parts of land, and rights relating to land; all other things are movables

Louisiana classifies all things as either immovable or movable.

Question 16: What is a vendor's privilege on an immovable in Louisiana?

A legal privilege securing the unpaid purchase price of immovable property, which has priority over most prior-recorded mortgages (Correct answer)
A tax exemption for property sellers
A discount given to a property seller
A real estate agent's commission right

Correct answer: A legal privilege securing the unpaid purchase price of immovable property, which has priority over most prior-recorded mortgages

The vendor's privilege secures the unpaid purchase price and has special priority.

Question 17: What is the notary's role when a succession includes a family home subject to the surviving spouse's usufruct?

The usufruct must be converted to cash
The notary forces the sale of the home
The notary has no special role
The notary must properly document the usufruct in the judgment of possession and advise all parties of their respective rights and obligations (Correct answer)

Correct answer: The notary must properly document the usufruct in the judgment of possession and advise all parties of their respective rights and obligations

The notary ensures the usufruct is properly established and that all parties understand their rights.

Question 18: Under Louisiana law, what happens if an authentic act lacks one of the required formalities?

The act may still be valid as an act under private signature if signed by the parties (Correct answer)
The act is completely void
The court can cure the defect
The notary must re-execute within 30 days

Correct answer: The act may still be valid as an act under private signature if signed by the parties

A defective authentic act may still serve as a private writing, but loses its enhanced evidentiary status.

Question 19: A donation inter vivos of immovable property must be made by what type of act to be valid?

An authentic act. (Correct answer)
A verbal agreement with delivery of the property.
A certified letter to the donee.
An act under private signature.

Correct answer: An authentic act.

Under Louisiana Civil Code Article 1536, a donation inter vivos of immovable property or incorporeal things must be made by an authentic act, under the penalty of absolute nullity. An authentic act is one executed before a notary public in the presence of two witnesses.

Question 20: Under Louisiana law, who is responsible for necessary repairs to property under usufruct?

The insurance company
The local government
The naked owner only
The usufructuary is responsible for ordinary maintenance and repairs (Correct answer)

Correct answer: The usufructuary is responsible for ordinary maintenance and repairs

The usufructuary must maintain the property and make ordinary repairs.

Question 21: Under Louisiana law, what happens to a testament (will) that has been revoked?

It can be automatically revived by destroying the revoking instrument
It can only be revived by making a new testament with the same provisions (Correct answer)
It is revived if the testator remarries
Revocation is irrevocable under all circumstances

Correct answer: It can only be revived by making a new testament with the same provisions

A revoked testament is not revived by the revocation of the revoking testament; a new testament must be executed.

Question 22: Under Louisiana law, which of the following transactions requires an authentic act executed before a notary and two witnesses to be valid?

A spouse's written renunciation of the legal matrimonial regime filed with the clerk of court
A verbal agreement between spouses to partition community immovables
The sale of separate movable property between spouses
A matrimonial agreement establishing a separate property regime (Correct answer)

Correct answer: A matrimonial agreement establishing a separate property regime

La. Civ. Code art. 2331 requires that a matrimonial agreement be made by authentic act, which under La. Civ. Code art. 1833 requires a notary and two witnesses. This formality is mandatory for the agreement to be enforceable.

Question 23: Under Louisiana Civil Code Art. 1967, 'cause' in a contract is best described as:

The reason why a party obligates himself (Correct answer)
The legal basis established by statute for enforcing the agreement
The consideration exchanged between the parties
The motive that induced a party to enter the contract

Correct answer: The reason why a party obligates himself

Louisiana Civil Code Art. 1967 defines cause as 'the reason why a party obligates himself,' which differs from common-law consideration and from a party's personal motive.

Question 24: What is the concept of mineral rights in Louisiana property law?

A separate estate that can be created separately from surface ownership (Correct answer)
Mineral rights only apply to gold and silver
Only the federal government holds mineral rights
The right to collect rocks from public land

Correct answer: A separate estate that can be created separately from surface ownership

Louisiana treats mineral rights as separable from surface ownership.

Question 25: Can a donation in Louisiana include a condition or charge (mode) imposed on the donee?

Only testamentary donations may include conditions
Conditions are permitted only for donations to charities
No, all donations must be unconditional
Yes, a donor may impose conditions or charges that the donee must fulfill (Correct answer)

Correct answer: Yes, a donor may impose conditions or charges that the donee must fulfill

Louisiana law permits donors to impose lawful conditions or charges on donations.

Question 26: What distinguishes an 'onerous' contract from a 'gratuitous' contract under Louisiana Civil Code?

An onerous contract must be notarized; a gratuitous contract requires two witnesses
In an onerous contract each party obligates himself for the benefit of the other; in a gratuitous contract one party benefits the other without receiving a benefit in return (Correct answer)
An onerous contract requires a specific form; a gratuitous contract may be oral
An onerous contract involves immovable property; a gratuitous contract involves movables only

Correct answer: In an onerous contract each party obligates himself for the benefit of the other; in a gratuitous contract one party benefits the other without receiving a benefit in return

Louisiana Civil Code Art. 1909 defines an onerous contract as one in which each party obligates himself for the benefit of the other, while a gratuitous contract benefits one party without the other receiving anything in return.

Question 27: Under Louisiana law, what rights does a usufructuary have regarding the property subject to usufruct?

No rights beyond the right to live on the property
The right to sell the property
The right to destroy the property
The right to use the property and enjoy its fruits while preserving its substance (Correct answer)

Correct answer: The right to use the property and enjoy its fruits while preserving its substance

The usufructuary can use the property and collect its fruits but must preserve the substance.

Question 28: Under Louisiana's community property regime, how are the fruits and revenues produced by a spouse's separate property classified?

As the exclusive property of whichever spouse manages the household finances
As jointly owned separate property requiring partition upon request
As the separate property of the spouse who owns the producing asset
As community property belonging to both spouses (Correct answer)

Correct answer: As community property belonging to both spouses

Under La. C.C. art. 2339, the fruits and revenues of a spouse's separate property are classified as community property during the existence of the community regime. This means rental income from a separately owned building, for example, falls into the community.

Question 29: Under Louisiana law, what is the evidentiary effect of an authentic act?

It has no special evidentiary value
It is only evidence if notarized and sealed
It constitutes full proof of the agreement it contains against the parties and against third persons (Correct answer)
It is treated the same as a private writing

Correct answer: It constitutes full proof of the agreement it contains against the parties and against third persons

An authentic act has enhanced evidentiary effect, constituting full proof.

Question 30: To maintain its effectiveness against third parties, a mortgage inscription must generally be reinscribed within what period of time from the date of the act?

20 years
5 years
30 years
10 years (Correct answer)

Correct answer: 10 years

The effect of recordation of a mortgage ceases ten years after the date of the act of mortgage. To continue its effect against third parties, the mortgage must be reinscribed by filing a notice of reinscription before the ten-year period lapses.

Question 31: What is the public records doctrine and its significance in Louisiana mortgage law?

The principle that third parties are affected only by interests properly recorded in the public records (Correct answer)
A transparency rule for government agencies
A rule that all court proceedings must be public
A requirement that all property must be publicly listed for sale

Correct answer: The principle that third parties are affected only by interests properly recorded in the public records

The public records doctrine means rights in immovable property are effective against third parties only when properly recorded.

Question 32: Scenario: A married couple, Jack and Jill, own community property in Louisiana. They are considering a legal separation and want to divide their assets. Which document should the notary prepare to formalize this division?

A Codicil to a Will
A Donation Mortis Causa
A Partition of Community Property Agreement
A Marriage Contract (Correct answer)

Correct answer: A Marriage Contract

A General Power of Attorney is the appropriate legal document for Kevin to appoint his brother, Michael, to manage his financial affairs. This instrument grants broad authority to Michael (the agent) to act on Kevin's behalf in various financial and legal matters. It ensures that Kevin's affairs can be handled seamlessly if he becomes incapacitated, without the need for court intervention.

Question 33: What information is required in a properly completed jurat certificate in Louisiana?

The notary's commission number and the printed names of two subscribing witnesses
The full legal names of all parties to the transaction and the parish of recordation
The venue, a statement that the affiant appeared and swore or affirmed, and the notary's signature and seal (Correct answer)
The date the document was drafted, the legal description of any property, and the notary's expiration date

Correct answer: The venue, a statement that the affiant appeared and swore or affirmed, and the notary's signature and seal

A complete Louisiana jurat certificate must include: the venue (state and parish where the oath was taken), a statement that the affiant personally appeared before the notary and swore or affirmed to the truth of the document, the date, and the notary's signature and official seal. These elements document the oath and establish jurisdiction.

Question 34: A Louisiana notary is asked to prepare a power of attorney for a client who wants their spouse to sell separate property while deployed overseas. What form should the document take?

An authentic act specifically authorizing the sale of the described immovable property (Correct answer)
A general power of attorney in any written form
A simple verbal authorization
An email authorization to the title company

Correct answer: An authentic act specifically authorizing the sale of the described immovable property

Since selling immovable property requires authentic act, the power of attorney must also be in authentic act form.

Question 35: Marie has a usufruct over a rental apartment building. Which of the following actions is she permitted to take?

Sell the building to a third party.
Refuse to pay the property taxes.
Demolish the building to construct a new one.
Collect all rental income generated by the apartments. (Correct answer)

Correct answer: Collect all rental income generated by the apartments.

The usufructuary has the right to use the property (usus) and enjoy its fruits (fructus). Rental income is considered a civil fruit of the property, which the usufructuary is entitled to collect. The usufructuary cannot alienate or destroy the property and is responsible for paying ordinary expenses like property taxes.

Question 36: Under Louisiana law, what is a judicial separation of property?

A property tax exemption for separated couples
Division of property after death
A legal separation preceding divorce
A court action by one spouse to terminate the community regime during the marriage due to the other spouse's mismanagement (Correct answer)

Correct answer: A court action by one spouse to terminate the community regime during the marriage due to the other spouse's mismanagement

Judicial separation of property allows a spouse to terminate the community regime during marriage if the other spouse's mismanagement threatens community interests.

Question 37: A couple wishes to enter into a matrimonial agreement after they are married to modify their community property regime. What is required for this agreement to be valid?

An act under private signature.
A verbal agreement witnessed by two people.
An authentic act filed with the Secretary of State.
An authentic act or an act under private signature duly acknowledged, and court approval. (Correct answer)

Correct answer: An authentic act or an act under private signature duly acknowledged, and court approval.

Spouses may enter into a matrimonial agreement during the marriage to modify or terminate their matrimonial regime. For this agreement to be valid, it must be made by authentic act or by an act under private signature duly acknowledged, and it requires joint petition and a finding by the court that it serves their best interests and that they understand the governing principles and rules.

Question 38: What form requirements apply to a donation inter vivos of movable property in Louisiana?

Court approval is required for all movable donations
Only verbal agreement is needed
Always requires an authentic act
An act under private signature is sufficient, or manual delivery may constitute a valid donation (Correct answer)

Correct answer: An act under private signature is sufficient, or manual delivery may constitute a valid donation

Donations of movables may be made by act under private signature or by manual gift (delivery).

Question 39: What ethical obligation does a Louisiana notary have regarding conflicts of interest?

The witnesses handle conflict checks
A notary should not execute an act in which they have a personal financial interest and must disclose potential conflicts (Correct answer)
Notaries have no conflict restrictions
Conflicts only matter if the notary is also an attorney

Correct answer: A notary should not execute an act in which they have a personal financial interest and must disclose potential conflicts

Notaries must avoid conflicts of interest and disclose any potential conflicts.

Question 40: A husband wishes to sell a piece of community immovable property. What is required for the sale to be valid?

The husband's signature alone is sufficient.
The husband's signature, provided the property is titled in his name only.
The concurrence of both spouses. (Correct answer)
A court order authorizing the sale.

Correct answer: The concurrence of both spouses.

The alienation, encumbrance, or lease of community immovable property requires the concurrence of both spouses. A sale made by one spouse without the consent of the other is a relative nullity that can be set aside by the non-concurring spouse.

Question 41: Under Louisiana law, what is a pledge as a security device?

A guarantee by a third party
A contract by which a debtor gives a thing to a creditor as security, with the creditor taking possession (Correct answer)
A verbal promise to pay a debt
A type of mortgage on movable property

Correct answer: A contract by which a debtor gives a thing to a creditor as security, with the creditor taking possession

A pledge gives the creditor possession of the thing as security for the debt.

Question 42: John owned a rental property before his marriage to Mary. During the marriage, the rental income from this property is used to pay for family expenses. How is the rental income classified?

Co-owned in indivision.
John's separate property.
Community property. (Correct answer)
Mary's separate property.

Correct answer: Community property.

The natural and civil fruits of the separate property of a spouse, including rental income, are community property. However, a spouse may reserve them as his separate property by a declaration made in an authentic act or an act under private signature duly acknowledged.

Question 43: A decedent dies with three children. One child is 25 years old, one is 28, and one is 22 and permanently incapable of taking care of his person or administering his estate due to a mental incapacity. Who are the forced heirs?

The 25-year-old and the 22-year-old.
All three children.
None of the children are forced heirs.
Only the 22-year-old child. (Correct answer)

Correct answer: Only the 22-year-old child.

Forced heirs are descendants of the first degree who, at the time of the decedent's death, are 23 years of age or younger, or who of any age, because of mental incapacity or physical infirmity, are permanently incapable of taking care of their persons or administering their estates. In this case, only the 22-year-old child with a permanent mental incapacity qualifies.

Question 44: For 'compensation' (offset) to extinguish two obligations by operation of law under Louisiana Civil Code Art. 1893, which requirements must be met?

A court must determine the amounts owed before compensation operates
Both debts must be in writing and notarized
The parties must agree in writing to set off the debts against each other
Two persons must owe each other fungible things of the same kind, and both debts must be due and presently exigible (Correct answer)

Correct answer: Two persons must owe each other fungible things of the same kind, and both debts must be due and presently exigible

Louisiana Civil Code Art. 1893 provides that compensation extinguishes by operation of law when two persons owe each other fungible things of the same kind and both obligations are due and exigible — no agreement or court action is required.

Question 45: Under Louisiana law, what happens to a donation inter vivos if the donor had no children at the time but later has a child?

The donation is automatically revoked
The child automatically becomes co-owner of the donated property
The donation may be revoked at the donor's request if the donor had no children at the time and later has a child (Correct answer)
The donation remains valid without any modification

Correct answer: The donation may be revoked at the donor's request if the donor had no children at the time and later has a child

Louisiana law historically allowed revocation of donations upon the subsequent birth of children.

Question 46: Which of the following persons is DISQUALIFIED from serving as a witness to an authentic act in Louisiana?

A person who is a resident of a different Louisiana parish than the notary
A person who is named as a beneficiary in the instrument being executed (Correct answer)
A person who is 18 years of age and a U.S. citizen
A person who is employed at the same law firm as the drafting attorney

Correct answer: A person who is named as a beneficiary in the instrument being executed

Louisiana law requires witnesses to an authentic act to be 'competent,' meaning they must be disinterested parties. A person who stands to gain from the instrument—such as a named beneficiary—is an interested party and therefore legally incompetent to serve as a witness, as their testimony would not be impartial.

Question 47: When one spouse dies while Louisiana's community property regime is in effect, what happens to that spouse's share of the community?

The surviving spouse automatically acquires full ownership of all community property by operation of law
All community property must be liquidated and distributed equally among all legal heirs
The community terminates and the deceased spouse's undivided one-half interest passes through succession (Correct answer)
The community continues until the surviving spouse remarries or petitions for partition

Correct answer: The community terminates and the deceased spouse's undivided one-half interest passes through succession

Death terminates the community regime. The deceased spouse's undivided one-half interest in community property does not automatically vest in the survivor; instead it passes according to the decedent's will or Louisiana intestate succession law.

Question 48: Under Louisiana law, what is the legal character of an 'onerous donation' when the charges or conditions imposed on the donee equal or exceed the value of the thing given?

It must be re-executed as a sale to be enforceable
It is treated as a synallagmatic (bilateral) contract rather than a true donation (Correct answer)
It is still classified as a donation but is subject to forced heirship reduction
It is void for lack of donative intent

Correct answer: It is treated as a synallagmatic (bilateral) contract rather than a true donation

When the burdens placed on the donee equal or exceed the value of the donated thing, there is no net gratuitous transfer. Louisiana law treats the transaction as a synallagmatic contract governed by the rules of onerous contracts, stripping it of its character as a donation entirely.

Question 49: What is co-ownership (indivision) under Louisiana law?

Ownership of the same thing by two or more persons, each having an undivided share (Correct answer)
Joint ownership by married couples only
A business partnership
Ownership of adjacent properties

Correct answer: Ownership of the same thing by two or more persons, each having an undivided share

Co-ownership exists when multiple persons own undivided shares of the same thing.

Question 50: Under Louisiana law, which of the following persons has the legal capacity to make a donation inter vivos?

A person declared incapable of managing their affairs by a physician
A person who has been placed under full interdiction
A non-emancipated minor aged 17
An emancipated minor (Correct answer)

Correct answer: An emancipated minor

An emancipated minor acquires full civil capacity under Louisiana law and may make donations inter vivos. Persons under full interdiction lack the legal capacity to make donations, as capacity requires sound mind and the absence of interdiction under La. C.C. Art. 1470.

Question 51: According to Louisiana Civil Code Article 1833, which of the following is an essential requirement for a writing to be considered an Authentic Act?

The act must involve the transfer of immovable property.
The act must be executed at one time and in one place.
The act must be filed with the Secretary of State within 24 hours.
The act must be signed by the parties, a notary public, and two witnesses. (Correct answer)

Correct answer: The act must be signed by the parties, a notary public, and two witnesses.

Louisiana Civil Code Article 1833 defines an authentic act as a writing executed before a notary public in the presence of two witnesses, and signed by each party, each witness, and the notary public. The law explicitly states that the act does not need to be executed at one time or place.

Question 52: During the marriage, community funds are used to pay off a mortgage on the husband's separate property. Upon termination of the community, what is the wife entitled to?

Reimbursement to her for one-half of the community funds used.
Nothing, as the funds were used for a community benefit.
Full ownership of the husband's separate property.
Reimbursement to the community for the full amount of community funds used. (Correct answer)

Correct answer: Reimbursement to the community for the full amount of community funds used.

If community property has been used to satisfy a separate obligation of a spouse, the other spouse is entitled to reimbursement upon termination of the community. The community is reimbursed for the full amount of the funds used, and the non-obligor spouse then receives one-half of that amount in the partition.

Question 53: Under Louisiana's default matrimonial regime, which of the following assets acquired during marriage is classified as separate property?

Wages earned by either spouse during the marriage
Interest income generated by a jointly held savings account
An inheritance received by one spouse from a deceased parent (Correct answer)
A rental property purchased jointly with community funds

Correct answer: An inheritance received by one spouse from a deceased parent

Under the community of acquets and gains, inheritances received by one spouse during marriage remain that spouse's separate property, even if received after the wedding date. Wages, jointly purchased property, and income from community assets are community property.

Question 54: Under Louisiana's community property regime, which of the following generally requires the concurrence of BOTH spouses?

Depositing a paycheck into a joint community bank account
Filing a lawsuit to recover a community debt
Alienating, encumbering, or leasing a community immovable (Correct answer)
Purchasing household goods with community funds

Correct answer: Alienating, encumbering, or leasing a community immovable

Under La. C.C. art. 2347, the alienation, encumbrance, or lease of community immovables (real property) requires the written concurrence of both spouses, reflecting the serious long-term impact such transactions have on the community.

Question 55: Under Louisiana law, what is a judgment of possession in a succession?

A court order evicting someone from property
A tax assessment order
A court order recognizing the heirs and sending them into possession of the estate (Correct answer)
A judgment in a property dispute

Correct answer: A court order recognizing the heirs and sending them into possession of the estate

The judgment of possession officially recognizes who inherits and places them into possession.

Question 56: A donation that is burdened with charges imposed on the donee is known as what?

An onerous donation. (Correct answer)
A remunerative donation.
A gratuitous donation.
A manual donation.

Correct answer: An onerous donation.

An onerous donation is one that is burdened with charges imposed on the donee that result in a material advantage to the donor. The rules particular to donations inter vivos do not apply to the value of the charges imposed.

Question 57: Under Louisiana law, what is the 'legitime' as it relates to forced heirs?

The portion of the estate that a testator may freely dispose of to any legatee
The share of the estate reserved exclusively for the surviving spouse
The minimum portion of the estate that must be left to forced heirs and cannot be taken away by testament (Correct answer)
The total value of the decedent's separate property at the time of death

Correct answer: The minimum portion of the estate that must be left to forced heirs and cannot be taken away by testament

The legitime is the portion of a deceased's estate that forced heirs are entitled to by law and that a testator cannot deprive them of through a testament. It represents a restriction on testamentary freedom to protect certain descendants.

Question 58: Under Louisiana Civil Code Art. 1873, an obligation is extinguished by 'impossibility of performance' when:

Performance becomes more expensive or difficult due to changed circumstances
The performance, not the obligation, becomes impossible due to a fortuitous event for which the obligor is not responsible (Correct answer)
The obligor decides that performance would cause him financial hardship
A change in law makes the obligation unenforceable going forward

Correct answer: The performance, not the obligation, becomes impossible due to a fortuitous event for which the obligor is not responsible

Louisiana Civil Code Art. 1873 provides that an obligation is extinguished when performance becomes impossible due to a fortuitous event (force majeure) for which the obligor bears no responsibility — mere increased difficulty does not suffice.

Question 59: Can a donation inter vivos in Louisiana be revoked after acceptance by the donee?

Only by mutual consent of both parties
Yes, at any time for any reason
No, never under any circumstances
Only for ingratitude of the donee, failure to fulfill conditions, or legal revocation upon birth of children (Correct answer)

Correct answer: Only for ingratitude of the donee, failure to fulfill conditions, or legal revocation upon birth of children

Louisiana law permits revocation of inter vivos donations only in limited circumstances.

Question 60: In a Louisiana succession, how are donations inter vivos treated for purposes of calculating the forced portion?

They are added back fictitiously to the estate to calculate the mass of the succession (Correct answer)
Only cash donations are counted
Only donations made within the last five years are considered
They are completely ignored

Correct answer: They are added back fictitiously to the estate to calculate the mass of the succession

Inter vivos donations are fictitiously reunited with the estate to calculate the total mass and determine if forced heirs' rights were impaired.

Question 61: A person sells an immovable property to a buyer on credit, but the act of sale does not explicitly create a mortgage. What security device automatically arises in favor of the seller to secure the unpaid portion of the purchase price?

A right of redemption
A vendor's privilege (Correct answer)
A chattel mortgage
A judicial mortgage

Correct answer: A vendor's privilege

The vendor's privilege, or seller's lien, is a privilege granted by law on movable or immovable property to secure the unpaid purchase price. For it to be effective on an immovable against third parties, the act of sale must be recorded and must state the amount of the unpaid price.

Question 62: What is acquisitive prescription of immovable property (30-year prescription) in Louisiana?

A tax exemption after owning property for 30 years
Acquisition of ownership through continuous possession for 30 years, even without title or good faith (Correct answer)
A mandatory survey requirement every 30 years
Expiration of a mortgage after 30 years

Correct answer: Acquisition of ownership through continuous possession for 30 years, even without title or good faith

Thirty-year acquisitive prescription allows ownership through long possession without requiring title or good faith.

Question 63: Which of the following is considered a source of Civil Law in Louisiana?

Federal statutes
Executive orders
Case law (jurisprudence)
The Louisiana Civil Code (Correct answer)

Correct answer: The Louisiana Civil Code

Louisiana's legal system is unique in the United States, being based on a Civil Law tradition rather than common law. The primary source of Civil Law in Louisiana is the Louisiana Civil Code, which is a comprehensive, systematically arranged body of legal principles. This code serves as the foundational legal text for many aspects of private law in the state.

Question 64: A principal grants a power of attorney to an agent. Which of the following events will automatically terminate the mandate by operation of law?

The agent moves to a different parish.
The death of the principal. (Correct answer)
The principal becomes temporarily ill.
The agent misplaces the original power of attorney document.

Correct answer: The death of the principal.

A mandate terminates upon the death of either the principal or the agent. It also terminates upon the interdiction of either party or upon notice of revocation by the principal or renunciation by the agent. Temporary illness or a change of residence does not automatically terminate the mandate.

Question 65: Scenario: Rebecca is selling her vehicle to Mark, and they want to complete the transaction in Louisiana. <br> What document must the notary prepare and ensure is properly executed?

A Bill of Sale (Correct answer)
An Act of Sale for Immovable Property
A Promissory Note
A Power of Attorney

Correct answer: A Bill of Sale

A Bill of Sale is the standard legal document used in Louisiana to transfer ownership of movable property, such as a vehicle, from a seller to a buyer. It formally records the details of the transaction, including the parties, the vehicle description, and the sale price. This document is crucial for proving ownership and facilitating the transfer of the vehicle's title.

Question 66: Under Louisiana law, can a landowner deny access to their property if it is the only way for a neighbor to reach a public road?

Only if the neighbor pays 10 times the property value
Yes, a landowner has absolute right to deny access
No, the enclosed landowner has the right to demand a passage to the nearest public road (Correct answer)
Only with a court order

Correct answer: No, the enclosed landowner has the right to demand a passage to the nearest public road

Louisiana provides a legal servitude of passage for landlocked estates.

Question 67: Under Louisiana Civil Code, which of the following is NOT a requirement for a valid olographic testament?

It must be entirely written in the testator's handwriting
It must be dated
It must be signed by the testator
It must be witnessed by two persons (Correct answer)

Correct answer: It must be witnessed by two persons

An olographic testament requires only the testator's handwriting, date, and signature -- no witnesses are needed.

Question 68: A 'stipulation pour autrui' under Louisiana Civil Code Art. 1978 grants a third-party beneficiary:

No enforceable right unless the third party is named as a party to the contract
A conditional right that expires after one year if not accepted
A direct right to demand performance from the promisor once the stipulation is accepted (Correct answer)
Only a derivative right channeled through the stipulator

Correct answer: A direct right to demand performance from the promisor once the stipulation is accepted

Louisiana Civil Code Art. 1978 provides that once a stipulation pour autrui is accepted by the third-party beneficiary, that party acquires a direct right to demand performance from the promisor.

Question 69: Under which of the following circumstances may a donation inter vivos be revoked?

The donor has another child after making the donation.
The donor changes their mind.
The value of the donated property increases significantly.
The ingratitude of the donee. (Correct answer)

Correct answer: The ingratitude of the donee.

While donations inter vivos are generally irrevocable, they can be revoked for specific legal causes, including the ingratitude of the donee. Ingratitude can include the donee attempting to take the life of the donor or being guilty of cruel treatment or grievous injuries towards the donor.

Question 70: A married couple, domiciled in Louisiana, did not enter into a matrimonial agreement. What is their legal matrimonial regime?

Community of acquets and gains. (Correct answer)
Separate property by default.
Partnership of acquets and gains.
Universal community.

Correct answer: Community of acquets and gains.

Under Louisiana Civil Code Article 2327, the legal regime of community of acquets and gains applies to spouses domiciled in this state in the absence of a matrimonial agreement that excludes it. This means all property acquired during the marriage through the effort, skill, or industry of either spouse is presumed to be community property.

Question 71: In a Louisiana succession, what is the difference between intestate heirs and legatees?

Intestate heirs inherit by operation of law when there is no will; legatees receive property through a testamentary disposition (Correct answer)
There is no difference
Legatees must be family members
Intestate heirs only inherit movables

Correct answer: Intestate heirs inherit by operation of law when there is no will; legatees receive property through a testamentary disposition

Intestate heirs inherit by default legal rules; legatees inherit by the testator's express wishes.

Question 72: A principal wants to grant a power of attorney that will remain effective even if he later becomes incapacitated. What specific language must be included in the document?

'This power of attorney is granted in perpetuity.'
'This power of attorney is irrevocable.'
'This power of attorney is for healthcare decisions only.'
'This power of attorney shall not be affected by my subsequent disability or incapacity.' (Correct answer)

Correct answer: 'This power of attorney shall not be affected by my subsequent disability or incapacity.'

For a power of attorney to be 'durable' and continue in effect after the principal's incapacity, the document must contain specific language to that effect. The phrase 'This power of attorney shall not be affected by my subsequent disability or incapacity' or similar wording accomplishes this goal.

Question 73: Under Louisiana succession law, what is the significance of the community property settlement at death?

Before the succession can proceed, the community must be settled -- separating the surviving spouse's half from the decedent's half (Correct answer)
Community property is not relevant in successions
The entire community goes to the surviving spouse
It has no significance

Correct answer: Before the succession can proceed, the community must be settled -- separating the surviving spouse's half from the decedent's half

The community must be terminated and settled before the decedent's estate can be distributed.

Question 74: Under Louisiana law, which of the following best describes putting in default?

Automatically terminating an obligation after a set period
A formal demand for performance that triggers the obligor's liability for damages (Correct answer)
Filing a lawsuit for breach of contract
Declaring a contract null and void

Correct answer: A formal demand for performance that triggers the obligor's liability for damages

Putting in default is a formal act notifying the obligor that performance is required, triggering liability for delay damages.

Question 75: Charles dies intestate, leaving behind his wife, Diana, and their two children, Edward (age 25) and Felicity (age 22). Charles's estate consists of both community property and his separate property. How will his estate be distributed according to Louisiana law?

Diana will receive a usufruct over Charles's share of the community property, and Edward and Felicity will inherit the naked ownership of his share of the community property and full ownership of his separate property. (Correct answer)
Diana will inherit Charles's share of the community property, and his parents will inherit the separate property.
Edward and Felicity will inherit all community and separate property, with Diana receiving nothing.
Diana will inherit all community and separate property.

Correct answer: Diana will receive a usufruct over Charles's share of the community property, and Edward and Felicity will inherit the naked ownership of his share of the community property and full ownership of his separate property.

Under Louisiana's intestate succession laws, when a decedent is survived by descendants, the descendants inherit the decedent's separate property (La. C.C. Art. 888) and the decedent's share of the community property. However, the surviving spouse is granted a legal usufruct over the decedent's share of the community property, which terminates upon the surviving spouse's death or remarriage (La. C.C. Art. 890).

Question 76: Under Louisiana Civil Code Art. 1888, 'remission of debt' occurs when:

A third party pays the debt on behalf of the debtor
A debtor's obligation prescribes due to the passage of time
A court reduces a debt because of the debtor's financial hardship
A creditor voluntarily releases the obligor from an obligation owed to him (Correct answer)

Correct answer: A creditor voluntarily releases the obligor from an obligation owed to him

Louisiana Civil Code Art. 1888 defines remission of debt as the creditor's voluntary release of an obligation — it is a gratuitous act by the creditor that extinguishes the obligation.

Question 77: A notary is asked to prepare an affidavit. What type of notarial certificate should be attached?

No notarial certificate is needed
An acknowledgment
A certificate of authentication
A jurat, because an affidavit is a sworn statement requiring an oath (Correct answer)

Correct answer: A jurat, because an affidavit is a sworn statement requiring an oath

An affidavit by definition is a sworn statement, so it requires a jurat.

Question 78: What is the concept of boundaries and boundary actions in Louisiana property law?

The legal process of establishing the exact limits between adjoining properties (Correct answer)
Zoning classifications of property borders
Fences required by law between properties
Property tax assessments based on acreage

Correct answer: The legal process of establishing the exact limits between adjoining properties

A boundary action allows adjoining landowners to have the exact boundary line established.

Question 79: In Louisiana legal terminology, what does usufruct mean?

A notarized lease agreement
Full ownership of property
A mortgage on immovable property
The right to use and enjoy another's property and its fruits without altering its substance (Correct answer)

Correct answer: The right to use and enjoy another's property and its fruits without altering its substance

Usufruct grants the right to use property and enjoy its fruits while preserving its substance.

Question 80: What does the Louisiana Civil Code principle of juridical acts encompass?

Only acts performed before a notary
Acts of the legislature only
Any lawful volitional act intended to create, modify, or extinguish legal relations (Correct answer)
Only contracts between two or more parties

Correct answer: Any lawful volitional act intended to create, modify, or extinguish legal relations

A juridical act is a volitional act intended to produce legal consequences, broader than just contracts.

Question 81: Under Louisiana law, what is the difference between ownership and possession?

They are identical concepts
Ownership only applies to immovables
Possession always proves ownership
Ownership is a legal right (title); possession is the physical holding or control of a thing (Correct answer)

Correct answer: Ownership is a legal right (title); possession is the physical holding or control of a thing

Ownership is the legal title; possession is the factual control. They are related but distinct.

Question 82: What is the purpose of 'reinscription' of a mortgage in Louisiana?

To increase the amount of the debt secured by the original mortgage
To transfer the mortgage from one creditor to another
To extend the effectiveness of the mortgage inscription and preserve its priority against third parties (Correct answer)
To correct clerical errors in the original mortgage instrument

Correct answer: To extend the effectiveness of the mortgage inscription and preserve its priority against third parties

A recorded mortgage loses its effectiveness against third parties after a set prescriptive period unless it is reinscribed before that period expires. Reinscription preserves the mortgage's rank and effect in the public records, preventing it from lapsing.

Question 83: Which Louisiana Civil Code article governs the lesion beyond moiety doctrine in sales of immovable property?

Article 2439
Article 2021
Article 2589 (Correct answer)
Article 1965

Correct answer: Article 2589

Louisiana Civil Code Article 2589 provides that a seller of immovable property may rescind the sale if the price is less than one-half of the fair market value.

Question 84: Under Louisiana law, what is a trust and how does it differ from the civilian tradition?

Only banks can serve as trustees
Louisiana adopted the Trust Code as a statutory exception to civilian tradition, allowing property transfer to a trustee for beneficiaries (Correct answer)
Louisiana does not recognize trusts
Trusts in Louisiana are identical to common law trusts

Correct answer: Louisiana adopted the Trust Code as a statutory exception to civilian tradition, allowing property transfer to a trustee for beneficiaries

Louisiana adopted trusts by statute, adapting the common law concept to fit within its civilian framework.

Question 85: Under Louisiana law, what happens to the community property regime when one spouse dies?

All community property automatically passes to the surviving spouse
The community continues until the surviving spouse dies or remarries
All community property goes into a trust
The community terminates; the surviving spouse owns one-half and the decedent's half passes by succession (Correct answer)

Correct answer: The community terminates; the surviving spouse owns one-half and the decedent's half passes by succession

Death terminates the community. The surviving spouse retains their half, and the decedent's half is distributed by succession.

Question 86: What does it mean for a Louisiana notary to 'paraph' a promissory note ne varietur?

To attach the note permanently to the original act of mortgage in the notarial archives
To endorse the note as a co-maker guaranteeing repayment
To certify that the note has been paid in full and can be cancelled
To mark or sign the note so as to identify it with the act of mortgage and prevent alteration (Correct answer)

Correct answer: To mark or sign the note so as to identify it with the act of mortgage and prevent alteration

Ne varietur means 'it shall not be altered.' When a notary paraphs a note ne varietur, the notary places an identifying mark or signature on the note tying it to the specific act of mortgage, establishing the connection between the two instruments and protecting against substitution or alteration.

Question 87: Under Louisiana Civil Code, which event causes a usufruct to terminate by operation of law?

The usufructuary's failure to file an inventory within one year
The bankruptcy or insolvency of the naked owner
The sale of the property subject to usufruct by the naked owner
The death of the usufructuary (Correct answer)

Correct answer: The death of the usufructuary

Louisiana Civil Code Article 607 provides that a usufruct terminates upon the death of the usufructuary. Because usufruct is a personal right, it does not pass to the usufructuary's heirs and cannot survive the person in whom it vested.

Question 88: Under Louisiana law, can a principal ratify an unauthorized act performed by someone who was not actually a mandatary?

Only if the unauthorized person is a family member
No, only acts of existing mandataries can be ratified
Only through a court proceeding
Yes, the principal may ratify the act of any person who acted on the principal's behalf without authority (Correct answer)

Correct answer: Yes, the principal may ratify the act of any person who acted on the principal's behalf without authority

A principal may ratify acts done on their behalf even by persons who had no prior authority.

Question 89: What is accession in Louisiana property law?

The principle that the owner of a thing becomes the owner of everything produced by or united to that thing (Correct answer)
A tax on property improvements
The right to access a public road
The process of recording a deed

Correct answer: The principle that the owner of a thing becomes the owner of everything produced by or united to that thing

Accession gives the owner ownership of what is produced by or attached to their property.

Question 90: Which of the following individuals would be considered a forced heir under the Louisiana Civil Code?

The decedent's surviving spouse.
A 25-year-old child who is financially dependent on the decedent.
A grandchild whose parent (the decedent's child) is still living.
A 30-year-old child who is permanently incapable of administering their estate due to a physical infirmity. (Correct answer)

Correct answer: A 30-year-old child who is permanently incapable of administering their estate due to a physical infirmity.

Louisiana Civil Code Article 1493 defines forced heirs as descendants of the first degree who are either 23 years of age or younger at the time of the decedent's death, or descendants of any age who, because of mental incapacity or physical infirmity, are permanently incapable of taking care of their persons or administering their estates. Spouses and financially dependent children over 23 are not forced heirs.

Question 91: A principal executes a power of attorney and has it recorded in the public records. To effectively revoke this mandate with respect to third parties who may rely on the public record, the principal must:

Simply notify the agent orally that he is fired.
Send a certified letter to the agent.
Publish a notice of revocation in the local newspaper.
File a written revocation in the same public records where the mandate was recorded. (Correct answer)

Correct answer: File a written revocation in the same public records where the mandate was recorded.

While notice to the agent can terminate the agent's authority as between the principal and agent, it does not protect the principal from third parties who may rely on a recorded power of attorney. To terminate the mandate's effect as to third parties, the revocation must also be recorded in the same office where the original mandate was recorded.

Question 92: What is the proper procedure for corrections within an authentic act in Louisiana?

Corrections must be made on a separate document only
The notary can make corrections without the parties' knowledge
White-out the error and write the correction
Errors should be lined through, the correction written nearby, and all parties and the notary should initial the correction (Correct answer)

Correct answer: Errors should be lined through, the correction written nearby, and all parties and the notary should initial the correction

Corrections must be transparent, visible, and initialed by all parties.

Question 93: Under Louisiana Civil Code Arts. 2025–2026 (simulation), what is the general effect of a simulated contract between the parties?

The simulated contract is enforceable and the hidden agreement is void
Between the parties, the true agreement prevails; third parties in good faith may rely on the simulated contract (Correct answer)
Only the notarized version of the agreement is enforceable
Both the simulated contract and the true agreement are absolutely null

Correct answer: Between the parties, the true agreement prevails; third parties in good faith may rely on the simulated contract

Louisiana Civil Code Art. 2025 provides that a simulated contract has no effect between the parties, and Art. 2026 protects third parties acting in good faith by allowing them to rely on the simulated contract.

Question 94: Under Louisiana law, to enforce a claim for damages for non-performance of an obligation, the creditor generally must first:

File a lawsuit in district court within 90 days of the breach
Put the debtor in default by demanding performance in writing or by filing suit (Correct answer)
Give the debtor a 30-day cure period regardless of the contract terms
Obtain a court order declaring the obligation enforceable

Correct answer: Put the debtor in default by demanding performance in writing or by filing suit

Louisiana Civil Code Art. 1989 requires that the obligee put the obligor in default (mise en demeure) before claiming damages for delay or non-performance, which can be accomplished by a written demand or by filing suit.

Question 95: Under Louisiana Civil Code, which type of error can vitiate consent and allow rescission of a contract?

Error only when the other party induced the error by fraud
Error of motive only when the motive was expressed in the contract
Error that concerns a cause of the obligation and is excusable (Correct answer)
Any error of law or fact, regardless of its importance

Correct answer: Error that concerns a cause of the obligation and is excusable

Louisiana Civil Code Art. 1949 provides that error vitiates consent only when it concerns a cause of the obligation and is excusable — trivial or inexcusable errors do not invalidate a contract.

Question 96: In Louisiana law, what is the prescriptive period for a personal action that is not otherwise provided for by legislation?

Five years
Thirty years
One year
Ten years (Correct answer)

Correct answer: Ten years

Under Louisiana Civil Code Article 3499, personal actions not otherwise provided for prescribe in ten years.

Question 97: When two conventional mortgages encumber the same Louisiana immovable property, how is their relative priority determined?

By the date and time each mortgage was recorded in the parish mortgage records (Correct answer)
By the date each mortgage was signed before a notary, regardless of recordation
By the amount of debt each mortgage secures, with the larger debt having priority
By negotiation between the two mortgage creditors

Correct answer: By the date and time each mortgage was recorded in the parish mortgage records

Under Louisiana law, mortgage priority follows the principle of 'first in time, first in right' based on recordation. The mortgage recorded earlier in the parish mortgage records takes priority over one recorded later, regardless of when the acts were signed.

Question 98: A key difference between an acknowledgment and a jurat in Louisiana is that for a jurat, the signer must:

Provide two forms of government-issued identification.
Sign the document in the physical presence of the notary. (Correct answer)
Acknowledge that they signed the document willingly.
Be personally known to the notary.

Correct answer: Sign the document in the physical presence of the notary.

For a jurat, the notary must witness the signer executing the document. The purpose is for the signer to swear or affirm to the truthfulness of the document's contents, which includes the act of signing. For an acknowledgment, the signer can sign the document beforehand and then appear before the notary to acknowledge their signature.

Question 99: What is the role of a trust protector under the Louisiana Trust Code?

A person designated to oversee the trustee and exercise specified powers such as removing or replacing the trustee (Correct answer)
An insurance policy protecting trust assets
A court-appointed guardian of beneficiaries
A government official who audits trusts

Correct answer: A person designated to oversee the trustee and exercise specified powers such as removing or replacing the trustee

A trust protector is given authority to oversee the trustee and exercise designated powers.

Question 100: What is the difference between a general mandate and a special mandate in Louisiana law?

A general mandate is oral; a special mandate is written
There is no legal distinction
A general mandate covers all affairs; a special mandate covers specific transactions (Correct answer)
A general mandate requires notarization; a special mandate does not

Correct answer: A general mandate covers all affairs; a special mandate covers specific transactions

A general mandate authorizes the mandatary to handle all affairs, while a special mandate is limited to specific matters.

Louisiana Notary Public Exam

The Louisiana Notary Public Examination certifies candidates to serve as notaries public in Louisiana, testing practical comprehension of Louisiana notarial law including authentic acts, successions, property, and civil law.

100

Questions

240 min

Time Limit

70%

To Pass

Checking for saved progress...

Exam Rules

You can skip questions and return to them later
Flag questions for review before submitting
No feedback shown until you submit the entire exam
Unanswered questions count as wrong — answer everything
10 pretest questions are mixed in and don't affect your score
Timer auto-submits when time runs out
Your progress is auto-saved every 30 seconds