NYS NYS Notary Oaths and Affirmations 1 — Questions and Answers
Question 1: What is the key difference between an oath and an affirmation in New York?
- An oath is a solemn declaration invoking a deity, while an affirmation is a non-religious pledge of truthfulness (Correct answer)
- An oath is for civil matters and an affirmation is for criminal matters
- An oath requires a written signature but an affirmation does not
- An affirmation is only used for wills and an oath is used for all other documents
Correct 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.
Question 2: Under New York law, who may administer an oath or affirmation?
- Only judges and attorneys
- Any New York State notary public (Correct answer)
- Only county clerks and elected officials
- Only licensed physicians for medical affidavits
Correct answer: Any New York State notary public
New York notaries public are authorized by the Executive Law to administer oaths and affirmations.
Question 3: When administering an oath in New York, what must the deponent do?
- Sign the document before the oath is given
- Raise their right hand and verbally swear or affirm the truthfulness of their statements (Correct answer)
- Present a government-issued ID before the oath
- Submit the oath in writing to the county clerk
Correct 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.
Question 4: What is a 'jurat' as it relates to oaths administered by a New York notary?
- A special notary commission for taking depositions
- A certificate attached to an affidavit confirming the affiant was sworn before the notary (Correct answer)
- A fee schedule for oath services
- A court order requiring notarization
Correct 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.
Question 5: Which statement is true about administering an oath to a person who objects on religious grounds?
- The notary must refuse to serve the person
- The notary must require the person to find a clergy member instead
- The notary should offer an affirmation as a legally equivalent alternative (Correct answer)
- The person must obtain a court waiver before the notary can proceed
Correct 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.
Question 6: An affidavit signed in New York must include which notarial element to be legally sworn?
- The notary's personal seal only
- The notary's signature, seal, and a jurat certifying the oath was administered (Correct answer)
- Only the notary's commission number
- A raised embossment seal without a written signature
Correct 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.
NYS NYS Notary Oaths and Affirmations 1
What is the key difference between an oath and an affirmation in New York?