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Question 1
What is the primary source of law governing notaries public in Louisiana?
A) The Louisiana Civil Code
B) The Louisiana Revised Statutes
C) The Louisiana Code of Civil Procedure
D) The Louisiana Constitution
Answer
Answer: B
Rationale
The primary source of law governing notaries public in Louisiana is the Louisiana Revised Statutes,
particularly R.S. 35:1 through R.S. 35:651. These statutes establish the qualifications, powers, duties,
and liabilities of notaries public. While the Civil Code and Code of Civil Procedure contain related
provisions, the Revised Statutes are the primary authority.
Question 2
In Louisiana, a notary public is best described as:
A) A public officer who serves as an impartial witness
B) A public officer who is also a licensed attorney
C) A public officer who is authorized to perform certain civil law functions
D) A private contractor who provides document services
Answer
Answer: C
Rationale
Unlike many states where a notary is primarily a witness, Louisiana notaries are public officers with
expanded civil law powers. They are authorized to perform functions such as passing acts,
acknowledgments, affidavits, and other acts. They are not required to be attorneys (though many are),
,and they are not merely private contractors.
Question 3
What is the minimum age requirement to become a notary public in Louisiana?
A) 18 years old
B) 21 years old
C) 25 years old
D) 30 years old
Answer
Answer: A
Rationale
Under Louisiana law, an applicant for a notary public commission must be at least 18 years of age.
They must also be a resident of Louisiana, registered to vote in the state (or exempt), and meet other
qualifications such as good moral character.
Question 4
What is the primary difference between a Louisiana notary and a notary in most other states?
A) Louisiana notaries are always attorneys
B) Louisiana notaries have broader powers, including the ability to draft and execute certain legal
documents
C) Louisiana notaries cannot charge fees
D) Louisiana notaries are appointed for life
Answer
Answer: B
Rationale
Because Louisiana is a civil law jurisdiction, its notaries have expanded powers compared to common
law states. They can pass acts (authentic acts), perform marriage ceremonies (with additional
authorization), and handle successions and other civil matters. In most states, notaries are limited to
witnessing signatures and administering oaths.
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,Question 5
Which of the following is NOT a function of a Louisiana notary public?
A) Administering oaths and affirmations
B) Passing acts and acknowledgments
C) Representing clients in litigation
D) Taking acknowledgments of signatures
Answer
Answer: C
Rationale
Representing clients in litigation is the practice of law, which is reserved for licensed attorneys. While
many Louisiana notaries are attorneys, notarial powers do not include litigation. Notaries may perform
notarial acts such as administering oaths, passing acts, and taking acknowledgments.
Question 6
What is an "authentic act" in Louisiana?
A) A document signed by a judge
B) A document executed before a notary and two witnesses or two notaries
C) A document notarized by an out-of-state notary
D) A document filed with the clerk of court
Answer
Answer: B
Rationale
An authentic act is a document executed before a notary public and two witnesses, or before two
notaries (one of whom may be the notary who passes the act). It has special legal weight and is self-
authenticating. It is governed by Louisiana Civil Code Article 1833.
Question 7
What is the difference between an authentic act and an act under private signature?
A) An authentic act is filed with the court; an act under private signature is not
B) An authentic act has special legal weight; an act under private signature does not
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, C) An authentic act requires witnesses; an act under private signature does not
D) Both A and B are correct
Answer
Answer: D
Rationale
An authentic act is executed before a notary and witnesses (or two notaries) and has special legal
weight and self-authenticating status. An act under private signature is signed by the parties without
the formalities of an authentic act. An authentic act is filed with the notary and may be filed with the
court, while an act under private signature is not.
Question 8
Under Louisiana law, what is the effect of an authentic act?
A) It is not admissible in court
B) It is self-authenticating and serves as proof of its contents
C) It can be contradicted by oral testimony without restriction
D) It is only valid if filed with the clerk of court
Answer
Answer: B
Rationale
An authentic act is self-authenticating and constitutes proof of its contents. It cannot be contradicted
except by a claim of forgery or other limited defenses. This gives authentic acts strong evidentiary
value in Louisiana courts.
Question 9
What is the purpose of a notary's official seal?
A) To decorate the document
B) To authenticate the notary's signature and authority
C) To seal the document from public view
D) To indicate the document's value
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