NYS - New York State Notary Legal Terms and Definitions 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?

Accepted Answer

Affidavit

Answer

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:

Accepted Answer

Conveyance

Answer

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:

Accepted Answer

Apostille

Answer

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:

Accepted Answer

Deposition

Answer

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:

Accepted Answer

Chattel

Answer

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.

NYS - New York State Notary Exam Practice Test

NYS - New York State Notary Exam Practice Test

NYS - New York State Notary Legal Terms and Definitions Questions and Answers