Louisiana Notary Public Exam — Questions and Answers
Question 1: 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)
- The process of recording a deed
- A tax on property improvements
- The right to access a public road
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 2: How does Louisiana civil law classify things (property)?
- Real property and personal property
- Public and private only
- Movables and immovables (Correct answer)
- Tangible and intangible only
Correct answer: Movables and immovables
Louisiana follows the civilian classification of things as movables and immovables, rather than the common law distinction.
Question 3: What is the difference between a general mandate and a special mandate in Louisiana law?
- A general mandate requires notarization; a special mandate does not
- 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)
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.
Question 4: A will that is entirely written, dated, and signed in the handwriting of the testator is known as what type of testament?
- Mystic testament.
- Nuncupative testament.
- Olographic testament. (Correct answer)
- Statutory testament.
Correct answer: Olographic testament.
An olographic testament is one that is entirely written, dated, and signed in the handwriting of the testator. It is subject to no other form and may be made anywhere, even out of state.
Question 5: To acquire ownership of an immovable through 30-year acquisitive prescription, a possessor must have possession that is:
- Continuous, uninterrupted, peaceable, public, and unequivocal. (Correct answer)
- Only for a portion of the property claimed.
- Intermittent and with the owner's permission.
- In good faith and with just title.
Correct answer: Continuous, uninterrupted, peaceable, public, and unequivocal.
Thirty-year acquisitive prescription does not require good faith or just title. However, the possessor must prove possession that is continuous, uninterrupted, peaceable, public, and unequivocal for the entire 30-year period to acquire ownership.
Question 6: Under Louisiana law, may spouses make donations to each other during marriage?
- Yes, but only by authentic act and subject to special rules (Correct answer)
- Yes, with no restrictions at all
- Only through a prenuptial agreement
- No, interspousal donations are always prohibited
Correct answer: Yes, but only by authentic act and subject to special rules
Louisiana permits interspousal donations during marriage but they must comply with form requirements and specific rules.
Question 7: A 'stipulation pour autrui' under Louisiana Civil Code Art. 1978 grants a third-party beneficiary:
- Only a derivative right channeled through the stipulator
- 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)
- No enforceable right unless the third party is named as a party to the contract
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 8: What distinguishes an 'onerous' contract from a 'gratuitous' contract under Louisiana Civil Code?
- An onerous contract requires a specific form; a gratuitous contract may be oral
- An onerous contract must be notarized; a gratuitous contract requires two witnesses
- An onerous contract involves immovable property; a gratuitous contract involves movables only
- 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)
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 9: In a Louisiana succession, what is the primary purpose of a 'descriptive list' (formerly called an inventory) prepared by the notary?
- To record the testator's intent regarding specific bequests of personal property
- To certify that forced heirs have waived their legitime
- To establish the decedent's domicile for choice-of-law purposes
- To identify and value all assets and liabilities of the succession estate for distribution and creditor purposes (Correct answer)
Correct answer: To identify and value all assets and liabilities of the succession estate for distribution and creditor purposes
The descriptive list catalogues and values all succession assets and liabilities, enabling proper distribution to heirs and payment of creditors. It is a practical accounting tool — not a testament interpretation document — and protects both heirs and creditors by creating a transparent record.
Question 10: Under Louisiana law, which type of property may be encumbered by a pledge as a security device?
- Movable property such as personal property and negotiable instruments (Correct answer)
- Both movable and immovable property equally
- Only real estate located within incorporated municipalities
- Immovable property such as land and buildings
Correct answer: Movable property such as personal property and negotiable instruments
A pledge is a security device that encumbers movable property by placing it in the possession of the creditor or a third party. Immovable property, by contrast, is encumbered by a mortgage. This distinction between pledge (movables) and mortgage (immovables) is fundamental under Louisiana law.
Question 11: What is the notary's role when a succession includes a family home subject to the surviving spouse's usufruct?
- The notary must properly document the usufruct in the judgment of possession and advise all parties of their respective rights and obligations (Correct answer)
- The usufruct must be converted to cash
- The notary forces the sale of the home
- The notary has no special role
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 12: In Louisiana's civil law system, what is the role of doctrine as a source of law?
- It is the primary binding authority for courts
- It is identical to judicial precedent
- It refers to scholarly writings and legal commentaries that serve as persuasive authority for interpreting the code (Correct answer)
- It has no recognized role in Louisiana law
Correct answer: It refers to scholarly writings and legal commentaries that serve as persuasive authority for interpreting the code
Doctrine refers to scholarly commentary that helps courts interpret the Civil Code, serving as persuasive but not binding authority.
Question 13: During their marriage, Leo inherits a sum of money from his aunt, which is his separate property. He uses this money to purchase a rental property and titles it in his name alone. Leo and his wife, Nina, do not have a matrimonial agreement. How are the rental payments received from this property classified?
- Separate property, because the property was acquired with separate funds.
- It is co-owned in indivision by Leo and Nina, but is not community property.
- The classification depends on who manages the rental property.
- Community property, unless Leo executed and filed an authentic act reserving them as his separate property. (Correct answer)
Correct answer: Community property, unless Leo executed and filed an authentic act reserving them as his separate property.
Under Louisiana Civil Code Article 2339, the natural and civil fruits of the separate property of a spouse (such as rent) are community property. However, the same article provides an exception: a spouse may reserve the fruits as his separate property by executing and recording a declaration to that effect made in an authentic act or act under private signature duly acknowledged. Without such a declaration, the rent is community property.
Question 14: An agent, acting under a valid power of attorney, signs a contract with a third party on behalf of the principal. If the agent acted within the scope of his authority and disclosed his representative capacity, who is bound by the contract?
- Only the principal. (Correct answer)
- Both the agent and the principal are personally liable.
- Neither party is bound until the principal ratifies the contract.
- Only the agent.
Correct answer: Only the principal.
When an agent acts within the scope of their authority and discloses that they are acting on behalf of a principal, the agent is not personally bound by the contract. The contract is formed directly between the principal and the third party, and only the principal is liable for its performance.
Question 15: When a Louisiana instrument appoints two mandataries jointly without specifying how they are to act, how must those mandataries exercise the authority granted to them?
- A majority decision of the mandataries is sufficient to bind the principal
- They must act unanimously unless the instrument expressly provides otherwise
- Either mandatary may act alone, as joint appointment implies independent authority (Correct answer)
- Each mandatary is independently liable but may act on separate matters as they choose
Correct answer: Either mandatary may act alone, as joint appointment implies independent authority
Louisiana Civil Code Article 3002 provides that when several mandataries are appointed jointly, they must act unanimously unless the mandate instrument expressly provides that they may act separately or by majority. Joint appointment without further instruction requires unanimous action to bind the principal.
Question 16: 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 judicial mortgage
- A vendor's privilege (Correct answer)
- A chattel mortgage
- A right of redemption
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 17: A mobile home that is not permanently attached to a foundation and is intended to be moved from time to time is classified under Louisiana law as what kind of thing?
- Incorporeal movable
- Corporeal movable (Correct answer)
- Immovable by declaration
- Immovable by nature
Correct answer: Corporeal movable
Under the Louisiana Civil Code, things are divided into common, public, and private; corporeals and incorporeals; and movables and immovables. A mobile home that is not permanently affixed to the land is considered a corporeal movable because it has a body and can be moved from one place to another.
Question 18: What is the concept of cause in Louisiana contract law?
- The court's jurisdiction over a contract dispute
- The physical event that triggers a contract
- The date a contract becomes effective
- The reason or motive why a party enters into a contract, which must be lawful for the contract to be valid (Correct answer)
Correct answer: The reason or motive why a party enters into a contract, which must be lawful for the contract to be valid
Cause is the reason why a party obligates himself; it must be lawful for the obligation to be valid.
Question 19: Which of the following best describes separate property under Louisiana's community property regime?
- An inheritance received by one spouse individually during the marriage (Correct answer)
- Furniture bought on credit during the marriage
- Property purchased with wages earned after the wedding date
- A savings account opened in both spouses' names before marriage
Correct answer: An inheritance received by one spouse individually during the marriage
Under La. C.C. art. 2341, property inherited by or donated to one spouse individually, even during the marriage, is classified as that spouse's separate property, not community property.
Question 20: In Louisiana, what is the doctrine of unjust enrichment (enrichment without cause)?
- A quasi-contractual remedy allowing recovery when one party is enriched at another's expense without legal justification (Correct answer)
- A criminal offense involving fraud
- A tax provision requiring redistribution of assets
- A family law concept for dividing community property
Correct answer: A quasi-contractual remedy allowing recovery when one party is enriched at another's expense without legal justification
Enrichment without cause allows a person impoverished at another's expense to recover the lesser of the enrichment or impoverishment.
Question 21: What is the maximum percentage of a decedent's estate that forced heirs may claim under current Louisiana forced heirship law?
- The entire estate is subject to forced heirship
- One-half if one forced heir; two-thirds if two or more
- One-fourth if one forced heir; one-half if two or more (Correct answer)
- One-third regardless of the number of forced heirs
Correct answer: One-fourth if one forced heir; one-half if two or more
Louisiana law provides forced heirs with one-fourth of the estate if there is one forced heir, and one-half if there are two or more.
Question 22: What is the primary legal effect of an Authentic Act in Louisiana?
- It requires a judge's signature to be legally binding.
- It can only be prepared by a licensed attorney.
- It serves as prima facie evidence of its contents, meaning it is considered self-proving. (Correct answer)
- It must be renewed every five years to maintain its validity.
Correct answer: It serves as prima facie evidence of its contents, meaning it is considered self-proving.
An authentic act is self-proving and constitutes full proof of the agreement it contains. It is presumed to be valid on its face and is admissible as evidence without further proof of its execution. While some notaries are attorneys, Louisiana notaries have broader powers than in other states and can prepare many authentic acts themselves.
Question 23: Under Louisiana law, what is executory process in the context of mortgage enforcement?
- A mediation procedure
- A standard civil lawsuit for money damages
- An expedited judicial foreclosure procedure available when the mortgage is in authentic act form with a confession of judgment (Correct answer)
- An out-of-court settlement process
Correct answer: An expedited judicial foreclosure procedure available when the mortgage is in authentic act form with a confession of judgment
Executory process allows faster foreclosure because the authentic act waives certain debtor defenses.
Question 24: Under Louisiana law, 'lesion' as grounds to rescind a contract refers to:
- Physical damage to property that is the subject of the contract
- A disproportion between the obligations of the parties that may entitle the injured party to rescission in cases allowed by law (Correct answer)
- An error about the nature of the contract itself
- A fraudulent misrepresentation that induced one party to contract
Correct answer: A disproportion between the obligations of the parties that may entitle the injured party to rescission in cases allowed by law
Louisiana Civil Code Art. 1860 defines lesion as a disproportion between the parties' obligations; it is available only in specific cases such as sales of immovables and partitions, not as a general remedy.
Question 25: In Louisiana Civil Law, a contract is considered valid if it meets the following essential elements EXCEPT:
- Object
- Cause
- Consent
- Punishment (Correct answer)
Correct answer: Punishment
Under Louisiana Civil Law, a valid contract requires the concurrence of several essential elements: consent of the parties, a lawful object, and a lawful cause. These elements ensure that the agreement is genuinely intended, concerns a permissible subject, and has a legitimate reason. 'Punishment' is not an element of a valid contract; it relates to consequences for breach or criminal acts, not contract formation.
Question 26: Under Louisiana law, what is a conventional mortgage?
- A mortgage created by court order
- A mortgage created by agreement between the mortgagor and mortgagee to secure a debt (Correct answer)
- A mortgage created by government regulation
- A mortgage imposed by operation of law
Correct answer: A mortgage created by agreement between the mortgagor and mortgagee to secure a debt
A conventional mortgage is created by contract between the parties.
Question 27: An affidavit can be made valid by a witness acknowledgement.
- Bylaws
- false (Correct answer)
- he/she can be fined $200 risks liability because of the effects of the public record doctrine
- intestate
Correct answer: false
An affidavit is a sworn written statement, and its validity hinges on the affiant (the person making the statement) taking an oath or affirmation before a notary or other authorized official. While a witness might observe the signing, their acknowledgment alone does not make the affidavit valid. The essential component is the affiant's sworn declaration, attested to by the notary.
Question 28: Under Louisiana law, what is the principle of liberative prescription?
- A legislative act granting amnesty
- A judicial order releasing a debtor from prison
- The acquisition of ownership through continuous possession
- The extinction of a right due to the failure to exercise it within a specified time period (Correct answer)
Correct answer: The extinction of a right due to the failure to exercise it within a specified time period
Liberative prescription extinguishes a right or action that has not been exercised within the time period fixed by law.
Question 29: 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 Donation Mortis Causa
- A Codicil to a Will
- 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 30: Under Louisiana Civil Code, what is the effect of a suspensive condition on an obligation?
- The obligation does not arise until the condition is fulfilled (Correct answer)
- The obligation is void from inception
- The obligation becomes natural only
- The obligation is immediately enforceable
Correct answer: The obligation does not arise until the condition is fulfilled
A suspensive condition delays the enforceability of an obligation until the uncertain event occurs.
Question 31: Under which of the following circumstances may a donation inter vivos be revoked?
- The donor changes their mind.
- The donor has another child after making the donation.
- 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 32: When preparing succession documents, what must a Louisiana notary verify about the decedent's testament?
- Nothing -- the court handles all verification
- The notary must verify the form, confirm proper formalities were met, and determine if probate is required (Correct answer)
- Only that the testament is dated
- Only that the testament is signed
Correct answer: The notary must verify the form, confirm proper formalities were met, and determine if probate is required
The notary examines the testament's form, verifies compliance with formalities, and advises on probate.
Question 33: 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?
- None of the children are forced heirs.
- All three children.
- The 25-year-old and the 22-year-old.
- 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 34: 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?
- No, the enclosed landowner has the right to demand a passage to the nearest public road (Correct answer)
- Yes, a landowner has absolute right to deny access
- Only with a court order
- Only if the neighbor pays 10 times the property value
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 35: A married couple wants to change from community property to separation of property during their marriage. What must the notary do?
- Simply prepare a new agreement signed by both spouses
- Prepare a matrimonial agreement that must be approved by the court upon joint petition, and file it in the public records (Correct answer)
- Advise them it is impossible
- File a form with the Secretary of State
Correct answer: Prepare a matrimonial agreement that must be approved by the court upon joint petition, and file it in the public records
Changing the regime during marriage requires court approval and public filing.
Question 36: In Louisiana civil law, what is the difference between a real right and a personal right?
- A real right expires; a personal right does not
- There is no distinction in Louisiana law
- A real right relates directly to a thing and is enforceable against the world; a personal right is enforceable only against specific persons (Correct answer)
- A real right is enforceable only against the obligor; a personal right is enforceable against anyone
Correct answer: A real right relates directly to a thing and is enforceable against the world; a personal right is enforceable only against specific persons
Real rights attach to things and are enforceable against everyone, while personal rights arise from obligations between specific parties.
Question 37: Andre and Beatrice have been married for 10 years under the legal regime of community of acquets and gains. They decide they want to switch to a separation of property regime. According to the Louisiana Civil Code, what is required for them to validly terminate their community property regime during the marriage?
- They only need to verbally agree in the presence of two witnesses and a notary.
- They must file a joint petition and obtain a court finding that the agreement serves their best interests. (Correct answer)
- They must execute an authentic act before a notary and two witnesses.
- They can simply file a document with the clerk of court in their parish of domicile.
Correct answer: They must file a joint petition and obtain a court finding that the agreement serves their best interests.
Louisiana Civil Code Article 2329 states that spouses may terminate a matrimonial regime during marriage 'only upon joint petition and a finding by the court that this serves their best interests and that they understand the governing principles and rules.' Merely executing an authentic act is sufficient before marriage, but not to terminate the regime during the marriage.
Question 38: An authentic act is considered 'self-proving' in Louisiana primarily because:
- It does not require the presence of any witnesses at the time of signing
- It can be admitted into evidence without requiring live testimony from the subscribing notary or witnesses (Correct answer)
- It is automatically indexed in the parish mortgage and conveyance records upon execution
- The notary's seal substitutes for the signatures of the parties to the instrument
Correct answer: It can be admitted into evidence without requiring live testimony from the subscribing notary or witnesses
Because an authentic act is executed with full legal formalities — in the simultaneous presence of a notary and two witnesses — it carries its own proof of execution. Courts may admit it into evidence without calling the notary or witnesses to testify about how it was signed, saving time and expense in litigation.
Question 39: What could take place when partition is excluded by law?
- A notary to make the partition in accordance with law.
- If it had been agreed upon in the contract of no partition or by law.
- If it had been agreed upon in the contract of no partition or by law.
- It can by sold for example by sheriff's sale and the proceeds divided amongst owners in indivision. (Correct answer)
Correct answer: It can by sold for example by sheriff's sale and the proceeds divided amongst owners in indivision.
A predial servitude that substantially impairs the value or utility of a mortgaged property can compromise the mortgagee's security interest. Mortgage agreements typically include clauses that allow the mortgagee to demand immediate payment of the entire debt. This right is triggered when the collateral's value is significantly diminished, protecting the lender's investment.
Question 40: Which four elements are required for a valid contract under Louisiana Civil Code?
- Consent, witnesses, notarization, and delivery
- Offer, acceptance, consideration, and writing
- Mutual assent, consideration, legality, and formality
- Capacity, consent, cause, and a lawful object (Correct answer)
Correct answer: Capacity, consent, cause, and a lawful object
Under Louisiana Civil Code Art. 1927, a valid contract requires the capacity of the parties, their consent, a certain object, and a lawful cause.
Question 41: Under Louisiana Civil Code, what standard of care is required of a usufructuary in managing property subject to usufruct?
- The usufructuary must manage the property as an absolute owner with no restrictions
- The usufructuary has no affirmative duty to maintain or preserve the property
- The usufructuary must manage the property as a prudent administrator (Correct answer)
- The usufructuary must manage the property exactly as the naked owner directs
Correct answer: The usufructuary must manage the property as a prudent administrator
Louisiana Civil Code Article 579 requires the usufructuary to use the thing as a prudent administrator, preserving its substance and not impairing the rights of the naked owner. This standard protects the naked owner's ultimate interest in recovering the property.
Question 42: Can one spouse unilaterally donate community property to a third party under Louisiana law?
- Yes, either spouse can freely donate community property
- Only donations under $5,000 can be made unilaterally
- Only the husband can donate community property
- No, a donation of community property requires the concurrence of both spouses (Correct answer)
Correct answer: No, a donation of community property requires the concurrence of both spouses
Donations of community property require both spouses' consent.
Question 43: 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)
- Conflicts only matter if the notary is also an attorney
- Notaries have no conflict restrictions
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 44: 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 child automatically becomes co-owner of the donated property
- The donation is automatically revoked
- 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 45: A married couple, domiciled in Louisiana, did not enter into a matrimonial agreement. What is their legal matrimonial regime?
- Universal community.
- Community of acquets and gains. (Correct answer)
- Partnership of acquets and gains.
- Separate property by default.
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 46: What is a matrimonial agreement in Louisiana law?
- A contract between spouses or prospective spouses that modifies or establishes their matrimonial regime (Correct answer)
- A divorce settlement
- A child custody agreement
- A prenuptial agreement only
Correct answer: A contract between spouses or prospective spouses that modifies or establishes their matrimonial regime
A matrimonial agreement can be entered into before or during marriage to modify the default community property regime.
Question 47: What is the effect of a donation that exceeds the disposable portion and infringes on the forced portion under Louisiana law?
- The donee must return all donated property
- The donation converts to a loan
- The donation is reduced to the extent necessary to satisfy the forced heirs' legitime (Correct answer)
- The entire donation is void
Correct answer: The donation is reduced to the extent necessary to satisfy the forced heirs' legitime
Donations that infringe on the forced portion are subject to reduction to protect forced heirs.
Question 48: Under Louisiana Civil Code, what is the difference between movables and immovables?
- Movables are items under $500; immovables are over $500
- 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)
- There is no legal distinction
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 49: What does the term authentic act mean in Louisiana notarial practice?
- Any document signed by two parties
- A document certified by a judge
- A document filed with the Secretary of State
- A document executed before a notary and two witnesses in the manner prescribed by law (Correct answer)
Correct answer: A document executed before a notary and two witnesses in the manner prescribed by law
An authentic act is executed before a notary public and two witnesses, giving it special evidentiary weight.
Question 50: Under Louisiana law, what is a legal mortgage?
- A mortgage created by contract
- A mortgage insured by the government
- A mortgage that arises by operation of law without a contract, such as a vendor's lien or a tax lien (Correct answer)
- A mortgage approved by an attorney
Correct answer: A mortgage that arises by operation of law without a contract, such as a vendor's lien or a tax lien
Legal mortgages arise automatically by operation of law in certain situations.
Question 51: Under Louisiana law, what is the effect if a mandatary acts beyond the scope of the mandate?
- The act is automatically void
- The mandatary faces criminal penalties
- The principal is not bound unless they ratify the unauthorized act (Correct answer)
- The principal is always bound regardless
Correct answer: The principal is not bound unless they ratify the unauthorized act
Acts beyond the mandate's scope do not bind the principal unless ratified.
Question 52: A husband wishes to sell a piece of community immovable property. What is required for the sale to be valid?
- A court order authorizing the sale.
- The concurrence of both spouses. (Correct answer)
- The husband's signature alone is sufficient.
- The husband's signature, provided the property is titled in his name only.
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 53: Under Louisiana's community property regime, which of the following generally requires the concurrence of BOTH spouses?
- Filing a lawsuit to recover a community debt
- Alienating, encumbering, or leasing a community immovable (Correct answer)
- Depositing a paycheck into a joint community bank account
- 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 54: What is a vendor's privilege on an immovable in Louisiana?
- A discount given to a property seller
- 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 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 55: How does a durable power of attorney function in Louisiana?
- It must be renewed annually
- It only takes effect when the principal becomes incapacitated
- It survives the principal's incapacity and continues in effect despite subsequent disability (Correct answer)
- It automatically expires after one year
Correct answer: It survives the principal's incapacity and continues in effect despite subsequent disability
A durable power of attorney continues in force even if the principal becomes incapacitated.
Question 56: A mineral servitude is an example of:
- incorporeal immovables
- incorporeal immovables
- incorporeal immovables (Correct answer)
- incorporeal immovables
Correct answer: incorporeal immovables
In Louisiana Civil Law, property can be classified as corporeal (having a body) or incorporeal (without a body), and further as movable or immovable. A mineral servitude is a right to explore for and extract minerals from another's land. Since it is a right related to immovable property (land) but does not have a physical body itself, it is classified as an incorporeal immovable.
Question 57: True about a notary:
- receive a return on their investment, risk no more than what they invest, but do NOT make management decisions
- follows the land into whatever hands the property may pass, if not cancelled.
- only becomes effective when principal becomes disabled and disability is certified by two physicians.
- Need to have a $10,000 bond Commissioned by governor for life Supervised by district court is a public official (Correct answer)
Correct answer: Need to have a $10,000 bond Commissioned by governor for life Supervised by district court is a public official
Louisiana notaries are unique public officials with broad powers, commissioned for life by the governor. They are required to have a $10,000 bond to protect the public from potential errors or misconduct. As public officials, they are supervised by the district court and play a crucial role in authenticating documents and transactions within the state's civil law system.
Question 58: Under Louisiana law, which of the following transactions requires an authentic act executed before a notary and two witnesses to be valid?
- The sale of separate movable property between spouses
- A spouse's written renunciation of the legal matrimonial regime filed with the clerk of court
- A matrimonial agreement establishing a separate property regime (Correct answer)
- A verbal agreement between spouses to partition community immovables
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 59: What is acquisitive prescription of immovable property (30-year prescription) in Louisiana?
- A tax exemption after owning property for 30 years
- A mandatory survey requirement every 30 years
- Acquisition of ownership through continuous possession for 30 years, even without title or good faith (Correct answer)
- 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 60: What is a disguised donation under Louisiana civil law?
- A donation to a trust
- A donation made anonymously
- A gratuitous transfer made in the form of an onerous contract to conceal the true nature of the transaction (Correct answer)
- A gift made through an intermediary for tax purposes
Correct answer: A gratuitous transfer made in the form of an onerous contract to conceal the true nature of the transaction
A disguised donation uses the form of an onerous contract to hide the gratuitous nature of the transfer.
Question 61: Which of the following is a requirement for a valid olographic testament in Louisiana?
- It must be typed and notarized, then deposited with the clerk of court
- It must be signed before two witnesses and a notary public
- It must be witnessed by at least one disinterested party who can attest to the testator's signature
- It must be entirely written, dated, and signed by the testator's own hand (Correct answer)
Correct answer: It must be entirely written, dated, and signed by the testator's own hand
A valid olographic testament in Louisiana must be entirely handwritten, dated, and signed by the testator. No witnesses or notarization are required, but the entire document — including the date — must be in the testator's own handwriting.
Question 62: For a testator to validly disinherit a forced heir, the disinheritance must be made in what manner?
- By simply omitting the heir from the will.
- In one of the forms prescribed for testaments, and for one of the just causes enumerated by law. (Correct answer)
- In a letter addressed to the heir.
- Verbally, in front of two witnesses.
Correct answer: In one of the forms prescribed for testaments, and for one of the just causes enumerated by law.
Disinheritance of a forced heir must be made expressly and for one of the specific causes listed in the Civil Code, such as cruelty or grievous injury. The disinheritance must be done in one of the forms prescribed for testaments, and the facts constituting the cause must be expressed in the instrument.
Question 63: Under Louisiana Civil Code, what are 'public things,' and which of the following is the most accurate description?
- Things owned by the state or its political subdivisions and dedicated to public use, such as navigable rivers and public roads (Correct answer)
- Things owned by private corporations but made available to the general public
- Things that have been abandoned by their owners and are available for anyone to acquire
- Things held in indivision by more than five co-owners who have not partitioned them
Correct answer: Things owned by the state or its political subdivisions and dedicated to public use, such as navigable rivers and public roads
Louisiana Civil Code Article 450 defines public things as those owned by the state or its political subdivisions in their capacity as public persons and dedicated to common use, including navigable rivers, the sea shore, harbors, and public roads. They are not susceptible of private ownership while so dedicated.
Question 64: Under Louisiana law, what happens to the community property regime when one spouse dies?
- The community continues until the surviving spouse dies or remarries
- The community terminates; the surviving spouse owns one-half and the decedent's half passes by succession (Correct answer)
- All community property automatically passes to the surviving spouse
- All community property goes into a trust
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 65: A person hands their friend a valuable watch and says, 'I want you to have this as a gift.' The friend takes the watch. What kind of donation has occurred?
- A manual gift. (Correct answer)
- A donation by authentic act.
- A donation mortis causa.
- An invalid donation due to lack of form.
Correct answer: A manual gift.
A manual gift is the giving of corporeal movable effects, accompanied by a real delivery. It is not subject to any formality, meaning no authentic act is required. The donation is perfected once the donor delivers the item and the donee accepts it.
Question 66: When a usufruct is established over a piece of property, the owner of the property retains what is known as:
- Servitude
- Naked ownership (Correct answer)
- Precarious possession
- Full ownership
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 67: Under Louisiana law, what happens if an authentic act lacks one of the required formalities?
- The act is completely void
- The act may still be valid as an act under private signature if signed by the parties (Correct answer)
- The notary must re-execute within 30 days
- The court can cure the defect
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 68: Under Louisiana law, what is the 'legitime' as it relates to forced heirs?
- The minimum portion of the estate that must be left to forced heirs and cannot be taken away by testament (Correct answer)
- The portion of the estate that a testator may freely dispose of to any legatee
- The total value of the decedent's separate property at the time of death
- The share of the estate reserved exclusively for the surviving spouse
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 69: Under Louisiana law, what is a judicial separation of property?
- 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)
- A property tax exemption for separated couples
- Division of property after death
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 70: A client wants to donate a house to their child. What critical step must the notary ensure regarding the donor's other children?
- The notary should advise about forced heirship rules and ensure the donation does not impinge on the forced portion of other forced heirs (Correct answer)
- A court order is needed for every family donation
- Nothing -- the donor can freely give away all property
- The other children must co-sign the donation
Correct answer: The notary should advise about forced heirship rules and ensure the donation does not impinge on the forced portion of other forced heirs
The notary must consider whether the donation might infringe on other forced heirs' rights.
Question 71: Under Louisiana Civil Code, which event causes a usufruct to terminate by operation of law?
- The sale of the property subject to usufruct by the naked owner
- The bankruptcy or insolvency of the naked owner
- The usufructuary's failure to file an inventory within one year
- 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 72: How does Louisiana law handle the concept of solidarity among obligors?
- Each solidary obligor can be held liable for the entire obligation, with rights of contribution among co-obligors (Correct answer)
- Solidarity only applies in criminal law
- Each obligor is liable only for their proportionate share
- Solidary obligations cannot be contracted voluntarily
Correct answer: Each solidary obligor can be held liable for the entire obligation, with rights of contribution among co-obligors
Solidary obligors are each liable for the whole debt; the obligee may demand full performance from any one of them.
Question 73: How many witnesses are required for a valid authentic act in Louisiana?
- Three competent witnesses
- Two competent witnesses (Correct answer)
- None
- One witness and a co-notary
Correct answer: Two competent witnesses
An authentic act requires at least two competent witnesses.
Question 74: When one spouse dies while Louisiana's community property regime is in effect, what happens to that spouse's share of the community?
- 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
- 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
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 75: What distinguishes Louisiana's civil law system from the common law systems used in other U.S. states?
- Louisiana uses jury trials exclusively
- Louisiana courts cannot interpret statutes
- Louisiana does not recognize precedent in any form
- Louisiana's private law is codified and based on French and Spanish legal traditions (Correct answer)
Correct answer: Louisiana's private law is codified and based on French and Spanish legal traditions
Louisiana's private law derives from the French Napoleonic Code and Spanish colonial law, unlike the English common law tradition of other states.
Question 76: Marie has a usufruct over a rental apartment building. Which of the following actions is she permitted to take?
- Collect all rental income generated by the apartments. (Correct answer)
- Sell the building to a third party.
- Demolish the building to construct a new one.
- Refuse to pay the property taxes.
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 77: Under Louisiana law, what is an act under private signature duly acknowledged?
- A verbal agreement between parties
- A private writing signed by the parties and then acknowledged before a notary (Correct answer)
- A public records filing
- A court-certified document
Correct answer: A private writing signed by the parties and then acknowledged before a notary
When a private writing is acknowledged before a notary, it gains enhanced legal status.
Question 78: 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
- Only through a court proceeding
- No, only acts of existing mandataries can be ratified
- 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 79: Under Louisiana law, at what point does a donation mortis causa become effective and no longer revocable by the donor?
- When the testament is signed and notarized
- Only upon the death of the donor (Correct answer)
- When the testament is filed with the court for safekeeping
- When the legatee learns of and accepts the bequest during the donor's lifetime
Correct answer: Only upon the death of the donor
A donation mortis causa is by definition contingent on and takes effect only at the moment of the donor's death. Until death, the donor retains full power to revoke or modify the testament. Acceptance by a legatee during the donor's lifetime has no legal effect on revocability.
Question 80: Can a donation inter vivos in Louisiana be revoked after acceptance by the donee?
- No, never under any circumstances
- Yes, at any time for any reason
- Only by mutual consent of both parties
- 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 81: Under Louisiana law, what rights does a usufructuary have regarding the property subject to usufruct?
- The right to destroy the property
- The right to sell the property
- No rights beyond the right to live on 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 82: Under Louisiana law, who is responsible for necessary repairs to property under usufruct?
- The local government
- The naked owner only
- The insurance company
- 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 83: Which of the following correctly describes the legal effect of a notarial act in Louisiana?
- It creates legal obligations regardless of the parties' intent
- It is only a ceremonial document with no legal effect
- It invalidates all previous contracts between the parties
- It provides prima facie evidence of the agreement (Correct answer)
Correct answer: It provides prima facie evidence of the agreement
In Louisiana, a notarial act carries significant legal weight, providing a high degree of reliability to agreements. When a document is executed before a notary, it is considered an authentic act, which provides prima facie evidence of the agreement's contents and the parties' signatures. This means the facts stated in the act are presumed true until proven otherwise, making it difficult to challenge.
Question 84: A mortgage established by a written agreement between a debtor and a creditor is known as a:
- Tacit mortgage
- Legal mortgage
- Conventional mortgage (Correct answer)
- Judicial mortgage
Correct answer: Conventional mortgage
A conventional mortgage is created by contract between the parties. A legal mortgage is created by operation of law (e.g., in favor of a minor over the property of a tutor), and a judicial mortgage results from the filing of a money judgment.
Question 85: A Louisiana notary is asked to prepare an authentic act for the sale of a house. Which of the following is required?
- Only the buyer's signature
- Only the notary's signature and seal
- The signature of the real estate agent
- The signatures of both parties, two witnesses, and the notary, with the notary reading the act to the parties (Correct answer)
Correct answer: The signatures of both parties, two witnesses, and the notary, with the notary reading the act to the parties
An authentic act requires all parties, two witnesses, and the notary to sign, with the notary reading the act.
Question 86: What is the prescriptive period for an action to revoke a donation on grounds of ingratitude in Louisiana?
- Six months from discovery of the ingratitude
- Five years from the donation
- Three years from the donation
- One year from the day the donor knew or should have known of the act of ingratitude (Correct answer)
Correct answer: One year from the day the donor knew or should have known of the act of ingratitude
The action for revocation based on ingratitude must be brought within one year from knowledge of the act.
Question 87: Can a Louisiana notary perform notarial acts outside their parish of commission?
- Yes, Louisiana notaries commissioned after certain dates have statewide authority (Correct answer)
- Only with special court permission
- Only in adjacent parishes
- 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 88: What is the difference between a mandate and a contract of employment under Louisiana law?
- There is no difference
- A mandate is always free; employment is always paid
- Employment requires a notarial act; mandate does not
- 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 89: 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
- A rental property purchased jointly with community funds
- Interest income generated by a jointly held savings account
- An inheritance received by one spouse from a deceased parent (Correct answer)
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 90: What documents must a Louisiana notary prepare for a standard succession?
- A petition for possession, sworn descriptive list, judgment of possession, and any necessary probate documents (Correct answer)
- A single affidavit is sufficient
- Only a death certificate
- Only the will
Correct answer: A petition for possession, sworn descriptive list, judgment of possession, and any necessary probate documents
A succession requires multiple documents including the petition, asset list, probate pleadings, and judgment.
Question 91: Under Louisiana law, what is required for spouses who have been married for more than one year to modify or terminate their matrimonial regime?
- Approval from the Louisiana Secretary of State's office
- A written notarial act signed by both spouses is sufficient
- A sworn affidavit filed with the clerk of court in both spouses' home parishes
- A joint petition to a court and a judicial finding that the change serves their best interests (Correct answer)
Correct answer: A joint petition to a court and a judicial finding that the change serves their best interests
Under La. C.C. art. 2329, after the first year of marriage spouses may modify or terminate their matrimonial regime only upon joint petition and a court finding that the change serves their best interests and that both spouses understand the governing rules.
Question 92: In a Louisiana succession, what is the difference between intestate heirs and legatees?
- Legatees must be family members
- Intestate heirs inherit by operation of law when there is no will; legatees receive property through a testamentary disposition (Correct answer)
- Intestate heirs only inherit movables
- There is no difference
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 93: What is the primary distinction between an act under private signature duly acknowledged and a true authentic act in Louisiana?
- An authentic act cannot be used to transfer title to immovable property, but an act under private signature can
- An act under private signature requires more witnesses than an authentic act
- In an act under private signature, the notary does not witness the actual signing but only certifies the later acknowledgment of the signature (Correct answer)
- An act under private signature has greater evidentiary weight in Louisiana courts than an authentic act
Correct answer: In an act under private signature, the notary does not witness the actual signing but only certifies the later acknowledgment of the signature
The critical distinction is presence at signing. In an authentic act, the parties sign in the simultaneous presence of the notary and witnesses. In an act under private signature duly acknowledged, the parties sign the document beforehand and later appear before the notary only to acknowledge those pre-existing signatures — the notary never witnessed the original signing.
Question 94: Under Louisiana Civil Code, which of the following best describes an 'incorporeal' thing?
- A thing that is permanently attached to the soil by nature
- A thing that has no physical body and exists only as a legal right (Correct answer)
- A thing held in co-ownership by two or more persons
- A thing that cannot be moved from place to place without damage
Correct answer: A thing that has no physical body and exists only as a legal right
Louisiana Civil Code Article 461 defines incorporeal things as those having no body but comprehended by the intellect, such as rights of usufruct, predial servitudes, and obligations. They contrast with corporeal things, which have a physical existence.
Question 95: In a Louisiana succession, how are donations inter vivos treated for purposes of calculating the forced portion?
- Only donations made within the last five years are considered
- Only cash donations are counted
- They are completely ignored
- They are added back fictitiously to the estate to calculate the mass of the succession (Correct answer)
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 96: 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 signed by the parties, a notary public, and two witnesses. (Correct answer)
- The act must be filed with the Secretary of State within 24 hours.
- The act must be executed at one time and in one place.
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 97: Under Louisiana law, what happens to a testament (will) that has been revoked?
- Revocation is irrevocable under all circumstances
- It can only be revived by making a new testament with the same provisions (Correct answer)
- It can be automatically revived by destroying the revoking instrument
- It is revived if the testator remarries
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 98: 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 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)
- To endorse the note as a co-maker guaranteeing repayment
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 99: A jurat requires the affiant to do which of the following before the notary public?
- Swear or affirm under oath that the contents of the document are true (Correct answer)
- Acknowledge that the signature on the document is their own
- Sign the document in the notary's presence without any verbal oath
- Present two disinterested witnesses to attest to the document
Correct answer: Swear or affirm under oath that the contents of the document are true
A jurat certifies that the affiant appeared before the notary and swore or affirmed under oath that the statements in the document are true. This is the defining characteristic of a jurat and distinguishes it from an acknowledgment, which only confirms the authenticity of a signature.
Question 100: Under Louisiana law, what is a building restriction?
- A government zoning regulation
- A building permit requirement
- 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
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.
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.
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
These practice questions were written with AI tools. They are not real exam questions. Exam facts are checked against the official sources listed below. Not reviewed by a subject-matter expert. Editorial policy
Sources & references
Exam facts on this page (fees, format, dates, passing scores) are checked against these official sources; the date is our last check. Editorial policy
- sos.la.gov — Test delivery, passing score, renewal, score validity, registration deadline, exam information · verified Oct 2026
- coraweb.sos.la.gov — Retake policy, score validity · verified Oct 2026
- lsu.edu — Score release · verified Oct 2026