NYS - New York State Notary Legal Terms and Definitions Questions and Answers 1 — Questions and Answers
Question 1: Which of the following legal terms defines a signed, written statement, sworn to or affirmed by the person making it, before a notary public or other officer authorized to administer oaths?
- Jurat
- Acknowledgment
- Affidavit (Correct answer)
- Conveyance
Correct answer: Affidavit
An affidavit is a written statement confirmed by oath or affirmation, used as evidence in court. An acknowledgment verifies the signer's identity and voluntary execution of a document, while a jurat is the notary's certification that an oath was taken. A conveyance is an instrument that transfers interest in real property.
Question 2: In the context of New York real property law, an instrument in writing, such as a deed or mortgage, by which any estate or interest in real property is created, transferred, or surrendered is known as a:
- Bill of Sale
- Chattel
- Conveyance (Correct answer)
- Lease
Correct answer: Conveyance
A conveyance is the legal term for a written document that transfers an interest in real property. A bill of sale transfers personal property (chattel). A lease grants possession but not typically ownership.
Question 3: A document notarized in New York is intended for use in a foreign country that is a party to the Hague Convention of 1961. To be considered valid in that country, the document must typically be authenticated with a certificate known as an:
- Apostille (Correct answer)
- Authentication Certificate
- Certificate of Official Character
- Foreign Seal of Approval
Correct answer: Apostille
An Apostille is a specific form of authentication issued to documents for use in countries that participate in the Hague Convention. For countries not part of the convention, a standard Certificate of Authentication is used.
Question 4: A notary public is authorized to take the sworn, out-of-court oral testimony of a witness that is reduced to a written transcript for later use in a legal proceeding. This formal written statement is called a:
- Protest
- Deposition (Correct answer)
- Subpoena
- Affirmation
Correct answer: Deposition
A deposition is the testimony of a witness under oath, taken out of court, to be used for discovery or at a trial. New York notaries are empowered to take and certify depositions. A protest relates to non-payment of a financial instrument, a subpoena is a court order to appear, and an affirmation is a solemn promise of truth.
Question 5: A client asks a notary to notarize a bill of sale for a vintage car. The legal term for the car, as an item of movable, personal property, is:
- Conveyance
- Real Property
- Lien
- Chattel (Correct answer)
Correct answer: Chattel
Chattel is the legal term for an item of personal property that is movable, as distinguished from real property (land and buildings). A conveyance relates to real property, and a lien is a legal claim against property for a debt.
Question 6: A person unreasonably delays in asserting a legal right, and this delay prejudices the opposing party. A court may bar the claim based on this delay under the equitable doctrine of:
- Statute of Limitations
- Subornation of Perjury
- Laches (Correct answer)
- Habeas Corpus
Correct answer: Laches
Laches is an equitable defense that bars a claim due to an unreasonable delay in pursuing it, which causes prejudice to the defendant. It is based on the idea that 'equity aids the vigilant, not those who sleep on their rights'. A statute of limitations is a statutory time bar, not an equitable one.
NYS - New York State Notary Legal Terms and Definitions Questions and Answers 1
Which of the following legal terms defines a signed, written statement, sworn to or affirmed by the person making it, before a notary public or other officer authorized to administer oaths?