Notary Law and Ethics Flashcards
7 cards from real NNA practice questions. Tap to flip, then mark Knew It or Still Learning โ missed cards come back until you master them.
Read the first 7 Notary Law and Ethics flashcards as text
What is the key difference between an oath and an affirmation?
Answer: An oath is a pledge to a Supreme Being, while an affirmation is a pledge on one's personal honor
Both are legally equivalent and carry the penalty of perjury, but an affirmation has no religious reference.
During a jurat, the signer refuses to take either an oath or an affirmation. What should the notary do?
Answer: Refuse to complete the jurat
A jurat requires an oath or affirmation, so it cannot be completed without one.
A notary notices that the signer seems confused, cannot say what the document is, and a relative keeps answering for them. What is the ethical course of action?
Answer: Decline the notarization because of doubts about the signer's awareness and willingness
A notary must be satisfied that the signer understands the document and is signing freely before notarizing.
Which statement about notarizing for a family member is most accurate?
Answer: Many states prohibit it or strongly discourage it because of possible conflicts of interest
Rules vary by state, but notarizing for relatives risks a conflict of interest, and the NNA advises against it.
Under the NNA's Notary Public Code of Professional Responsibility, what is the guiding principle for a notary's conduct?
Answer: Acting as an impartial witness who serves the public honestly and with integrity
The Code stresses impartiality, honesty, and protecting the public's trust in notarized documents.
A notary signs a certificate stating the signer personally appeared, knowing the signer did not. What legal exposure may this create?
Answer: Commission revocation, civil liability, and possible criminal charges for a false certificate
Knowingly making a false certificate can lead to administrative, civil, and criminal penalties.
Is the notary's employer generally liable for an employee-notary's misconduct?
Answer: Yes, in many states, if the misconduct happened within the scope of employment and the employer consented or directed it
Many state laws hold employers liable when an employee-notary's misconduct was within the scope of employment and the employer consented or directed it.