NYS Notary Public Exam- Definitions and General Terms Questions and Answers

Acknowledgement - Answer- A formal declaration before a duly authorized officer by a person who has executed an instrument that such execution is his act and deed. Administrator - Answer- A person appointed by the court to manage the estate of a deceased person who left no will. Affiant - Answer- The person who makes and subscribes his signature to an affidavit. Affidavit - Answer- A signed statement, duly sworn to, by the maker thereof, before a notary public or other officer authorized to administer oaths. Affirmation - Answer- A solemn declaration made by persons who conscientiously decline taking an oath; it is equivalent to an oath and is just as binding. Apostile - Answer- Department of State authentication attached to a notarized and county-certified document for possible international use. Attest - Answer- To witness the execution of a written instrument, at the request of the person who makes it, and subscribe the same as a witness. Attestation Clause - Answer- That clause (e.g., at the end of a will) wherein the witnesses 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 acknowledgement or oath signed by a notary; this county clerk's certificate authenticates or verifies the authority of the notary public to act as such. (Sec. 133 Executive Law.) 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. 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. Codicil - Answer- An instrument made subsequent to a will and modfying it in some respects. 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 possesses. 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- A certificate subjoined by a county clerk to any certificate of proof or acknowledgement or oath signed by a notary; this county clerk's certificate authenticates or verifies the authority of the notary public to act as such. (Sec. 133 Executive Law.) 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 happening 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 indebtedness. Jurat - Answer- That part of an affidavit where the officer (notary public) certifies that it was sworn to before him. It is not the affidavit. Laches - Answer- The delay or negligence in asserting one's legal rights. Lease - Answer- A contract, whereby, for a consideration, usually termed rent, one who is entitled to the possession of real property transfers such right to another for life, for a term of years or at will. Lien - Answer- A legal right or claim upon a specific property which attaches to the property until a debt is satisfied. Litigation - Answer- The act of carrying on a lawsuit. Misdemeanor - Answer- Any crime other than a felony. Mortgage On Real Property - Answer- An instrument in writing, duly executed and delivered that creates a lien upon real estate as security for the payment of a specified debt, which is usually in the form of a bond. Notary Public - Answer- A public officer who executes acknowledgements of deeds or writings in order to render them available as evidence of the facts therein contained; administers oaths and affirmations as to the truth of statements contained in papers or documents requiring the administration of an oath. The notary's general authority is defined in section 135 of the Executive Law; the notary has certain other powers which can be found in the various provisions of law set forth earlier in the Notary Public License Law. Oath - Answer- A verbal pledge given by the person taking it that his statements are made under an immediate s