NEW YORK STATE NOTARY EXAM
COMPREHENSIVE STUDY GUIDE
QUESTIONS AND ANSWERS WITH
COMPLETE SOLUTIONS 100%
CORRECT!!!
Key Legal Definitions & Glossary
Administrator
Definition: A fiduciary representative appointed directly by a probate court
to manage, distribute, and settle the estate of a deceased individual who
passed away intestate (without leaving a valid last will and testament).
Affiant
Definition: The specific individual who physically makes, signs, and swears
to the truthfulness of a written statement (an affidavit) before an authorized
officer.
Affidavit
Definition: A formal, written statement of facts that is voluntarily signed by
the affiant and legally sworn to (or affirmed) as true before a notary public
or another public officer authorized to administer oaths.
NYS Exam Note: To be legally valid, an affidavit must accurately state the venue
(the exact State and County where the oath was administered and signed), and it
must include a jurat (the clause certifying when, where, and before whom the
statement was sworn).
Affirmation
Definition: A solemn, formal declaration of truth made by an individual
who has religious, ethical, or conscientious objections to taking a traditional
oath (which typically invokes a Supreme Being).
NYS Exam Note: An affirmation carries the exact same legal weight, binding
authority, and penalties for perjury as an oath. If a signer objects to swearing, the
notary public must administer a formal affirmation instead.
,Apostille
Definition: A specialized certificate of authentication issued by the New
York Department of State. It is permanently attached to a notarized
document that has already been certified by a local County Clerk, proving
the legitimacy of the notary’s signature to foreign nations that participate in
the 1961 Hague Convention.
Attest
Definition: The act of physically witnessing the signing of a legal document
at the explicit request of the executing party, and subsequently signing one's
own name on the instrument as an official witness to confirm its
authenticity.
Attestation Clause -ANSWER ✔✔The clause (e.g., at the end of a will) wherein
the witness certify that the instrument has been executed before them, and the
manner of the execution of the same.
Authentication (Notarial) -ANSWER ✔✔A certificate subjoined by a county clerk
to any certificate of proof or acknowledgment or oath signed by a notary; this
county clerk's certificate authenticates or verifies the authority of the notary public
to act as such.
Bill of Sale -ANSWER ✔✔A written instrument given to pass title of personal
property from vendor to vendee.
Certified Copy -ANSWER ✔✔A copy of a public record signed and certified as a
true copy by the public official having custody of the original. A notary public has
no authority to issue certified copies. Notaries must not certify to the authenticity
of legal documents and other papers required to be filed with foreign consular
officers. Within this prohibition are certificated of the following type: United
States of America, State of New York, County of New York: [more...]
,Chattel -ANSWER ✔✔Personal property, such as household goods or fixtures.
Chattel Paper -ANSWER ✔✔A writing or writings which evidence both an
obligation to pay money and a security interest in a lease or specific goods. The
agreement which creates or provides for the security interest is known as a security
agreement.
Codicil -ANSWER ✔✔An instrument made subsequent to a will and modifying it
in some respect.
Consideration -ANSWER ✔✔Anything of value given to induce entering into a
contract; it may be money, personal services, or even love and affection.
Contempt of Court -ANSWER ✔✔Behavior disrespectful of the authority of a
court which disrupts the execution of court orders.
Contract -ANSWER ✔✔An agreement between competent parties to do or not to
do certain things for a legal consideration, whereby each party acquires a right to
what the other possess.
Conveyance (Deed) -ANSWER ✔✔Every instrument, in writing, except a will, by
which any estate or interest in real property is created, transferred, assigned or
surrendered.
County Clerk's Certificate -ANSWER ✔✔See "Authentication (Notarial)."
, Deponent -ANSWER ✔✔One who makes oath to a written statement. Technically,
a person subscribing a deposition but used interchangeably with "Affiant."
Deposition -ANSWER ✔✔The testimony of a witness taken out of court or other
hearing proceeding, under oath or by affirmation, before a notary public or other
person, officer or commissioner before whom such testimony is authorized by law
to be taken, which is intended to be used at the trial or hearing.
Duress -ANSWER ✔✔Unlawful constraint exercised upon a person whereby he is
forced to do some act against his will.
Escrow -ANSWER ✔✔The placing of an instrument in the hands of a person as a
depository who on the happing of a designated event, is to deliver the instrument to
a third person. This agreement, once established, should be unalterable.
Executor -ANSWER ✔✔One named in a will to carry out the provisions of the
will.
Ex Parte (From One Side Only) -ANSWER ✔✔A hearing or examination in the
presence of, or on papers filed by, one party and in the absence of the other.
Felony -ANSWER ✔✔A crime punishable by death or imprisonment in a state
prison.
Guardian -ANSWER ✔✔A person in charge of a minor's person or property.
Judgment -ANSWER ✔✔Decree of a court declaring that one individual is
indebted to another and fixing the amount of such indebtness.
COMPREHENSIVE STUDY GUIDE
QUESTIONS AND ANSWERS WITH
COMPLETE SOLUTIONS 100%
CORRECT!!!
Key Legal Definitions & Glossary
Administrator
Definition: A fiduciary representative appointed directly by a probate court
to manage, distribute, and settle the estate of a deceased individual who
passed away intestate (without leaving a valid last will and testament).
Affiant
Definition: The specific individual who physically makes, signs, and swears
to the truthfulness of a written statement (an affidavit) before an authorized
officer.
Affidavit
Definition: A formal, written statement of facts that is voluntarily signed by
the affiant and legally sworn to (or affirmed) as true before a notary public
or another public officer authorized to administer oaths.
NYS Exam Note: To be legally valid, an affidavit must accurately state the venue
(the exact State and County where the oath was administered and signed), and it
must include a jurat (the clause certifying when, where, and before whom the
statement was sworn).
Affirmation
Definition: A solemn, formal declaration of truth made by an individual
who has religious, ethical, or conscientious objections to taking a traditional
oath (which typically invokes a Supreme Being).
NYS Exam Note: An affirmation carries the exact same legal weight, binding
authority, and penalties for perjury as an oath. If a signer objects to swearing, the
notary public must administer a formal affirmation instead.
,Apostille
Definition: A specialized certificate of authentication issued by the New
York Department of State. It is permanently attached to a notarized
document that has already been certified by a local County Clerk, proving
the legitimacy of the notary’s signature to foreign nations that participate in
the 1961 Hague Convention.
Attest
Definition: The act of physically witnessing the signing of a legal document
at the explicit request of the executing party, and subsequently signing one's
own name on the instrument as an official witness to confirm its
authenticity.
Attestation Clause -ANSWER ✔✔The clause (e.g., at the end of a will) wherein
the witness certify that the instrument has been executed before them, and the
manner of the execution of the same.
Authentication (Notarial) -ANSWER ✔✔A certificate subjoined by a county clerk
to any certificate of proof or acknowledgment or oath signed by a notary; this
county clerk's certificate authenticates or verifies the authority of the notary public
to act as such.
Bill of Sale -ANSWER ✔✔A written instrument given to pass title of personal
property from vendor to vendee.
Certified Copy -ANSWER ✔✔A copy of a public record signed and certified as a
true copy by the public official having custody of the original. A notary public has
no authority to issue certified copies. Notaries must not certify to the authenticity
of legal documents and other papers required to be filed with foreign consular
officers. Within this prohibition are certificated of the following type: United
States of America, State of New York, County of New York: [more...]
,Chattel -ANSWER ✔✔Personal property, such as household goods or fixtures.
Chattel Paper -ANSWER ✔✔A writing or writings which evidence both an
obligation to pay money and a security interest in a lease or specific goods. The
agreement which creates or provides for the security interest is known as a security
agreement.
Codicil -ANSWER ✔✔An instrument made subsequent to a will and modifying it
in some respect.
Consideration -ANSWER ✔✔Anything of value given to induce entering into a
contract; it may be money, personal services, or even love and affection.
Contempt of Court -ANSWER ✔✔Behavior disrespectful of the authority of a
court which disrupts the execution of court orders.
Contract -ANSWER ✔✔An agreement between competent parties to do or not to
do certain things for a legal consideration, whereby each party acquires a right to
what the other possess.
Conveyance (Deed) -ANSWER ✔✔Every instrument, in writing, except a will, by
which any estate or interest in real property is created, transferred, assigned or
surrendered.
County Clerk's Certificate -ANSWER ✔✔See "Authentication (Notarial)."
, Deponent -ANSWER ✔✔One who makes oath to a written statement. Technically,
a person subscribing a deposition but used interchangeably with "Affiant."
Deposition -ANSWER ✔✔The testimony of a witness taken out of court or other
hearing proceeding, under oath or by affirmation, before a notary public or other
person, officer or commissioner before whom such testimony is authorized by law
to be taken, which is intended to be used at the trial or hearing.
Duress -ANSWER ✔✔Unlawful constraint exercised upon a person whereby he is
forced to do some act against his will.
Escrow -ANSWER ✔✔The placing of an instrument in the hands of a person as a
depository who on the happing of a designated event, is to deliver the instrument to
a third person. This agreement, once established, should be unalterable.
Executor -ANSWER ✔✔One named in a will to carry out the provisions of the
will.
Ex Parte (From One Side Only) -ANSWER ✔✔A hearing or examination in the
presence of, or on papers filed by, one party and in the absence of the other.
Felony -ANSWER ✔✔A crime punishable by death or imprisonment in a state
prison.
Guardian -ANSWER ✔✔A person in charge of a minor's person or property.
Judgment -ANSWER ✔✔Decree of a court declaring that one individual is
indebted to another and fixing the amount of such indebtness.
