NYS Notary Oaths and Affirmations Flashcards
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What is the key difference between an oath and an affirmation in New York?
Answer: An oath is a solemn declaration invoking a deity, while an affirmation is a non-religious pledge of truthfulness
An oath invokes a higher power, while an affirmation is a secular equivalent with the same legal weight under New York law.
Under New York law, who may administer an oath or affirmation?
Answer: Any New York State notary public
New York notaries public are authorized by the Executive Law to administer oaths and affirmations.
When administering an oath in New York, what must the deponent do?
Answer: Raise their right hand and verbally swear or affirm the truthfulness of their statements
A proper oath requires the deponent to raise their right hand and verbally swear (or affirm) to the truthfulness of their statements.
What is a 'jurat' as it relates to oaths administered by a New York notary?
Answer: A certificate attached to an affidavit confirming the affiant was sworn before the notary
A jurat is the notarial certificate on an affidavit that confirms the signer appeared and was sworn before the notary.
Which statement is true about administering an oath to a person who objects on religious grounds?
Answer: The notary should offer an affirmation as a legally equivalent alternative
New York law allows an affirmation as a full legal substitute for an oath for anyone who objects to swearing on religious or conscientious grounds.
An affidavit signed in New York must include which notarial element to be legally sworn?
Answer: The notary's signature, seal, and a jurat certifying the oath was administered
A valid affidavit requires the notary's signature, official seal, and a jurat establishing that the affiant was sworn before the notary.