Chapter 1 - 5 Louisiana Notary Guide
Questions & Answers 100% solved
Common function of Notaries - ANSWER_a) perform quasi public functions
b) confer authenticity
c) provide documents with a fixed date
d) determine marketability of title of land
Concepts of Notary as a Public Official - ANSWER_a) charged w/ establishing dates
on which those acts were executed
b) preserving those acts in their custody
c) issuing certified copies of acts
d) independent of any branch of government
e) free to organize his office as he see fit
f) not paid by state but by clients
g) allowed to perform services for person outside district as long as executed in
district
Functions of Notary as Multi-Party Counselor - ANSWER_1) legal advisor
2) Mediator
3) Conveyancer, does not act on behalf of either party
Authentic Act - ANSWER_1) executed in form of protocol
2) protected against alterations
Authenticity - ANSWER_The attestation of a fact by a public authority whose
declaration is conclusive without further verification of the writing until impeached for
falsity.
An authentic act is - ANSWER_1) full proof of the existence of what the notary has
seen or heard personally
2) full proof as to the date the parties signed
3) confers fixed date
Notary must attest that they know - ANSWER_1) parties
2) parties legal capacity
Authentic act required for - ANSWER_1) gratuitous contracts
2) transactions involving immovable property
3) marriage settlements
4) many corporate acts
The applicant proves his/her competency to the courts and takes a state
administered exam - ANSWER_The non-attorney is commissioned by the State of
Louisiana when it's completed
What most documents used in Louisiana court of law must contain? -
ANSWER_Signature of civil law notary
,What happens when a notary fails to perform his legal duties ? -
ANSWER_Disciplinary proceedings in a court of law, possible criminal charges, Civil
liability for damages
What are some of the powers of the Civil Law Notary? - ANSWER_Making contracts
involving inventories, receiving acknowledgements of acts under private signature,
explaining the effect of the notarial act they are receiving
Enumerate two other powers of the Civil Law Notary - ANSWER_executing authentic
acts and officiating at family meetings
What are trial courts? - ANSWER_The City/Parish courts and District Courts
- ANSWER_The Supervisory Court does all of theseCan supervise lower courts,
Ensures lower courts are applying our laws correctly, Hears Appellate Court appeals
What are some duties of a notary? - ANSWER_Must be familiar with the Louisiana
Civil Code, must keep record of all notarial acts, can be subpoenaed at any time and
asked to attest to their notarial acts
Enumerate 3 types of courts - ANSWER_Supervisory (Louisiana Supreme Court),
Appellate, Trial courts
The Appellate court - ANSWER_Appeal hearings from original courts are held by this
court
Bonds and mortgages, Acts of Cancellation of Mortgages, Conveyances, Oaths of
Office, Acts of Immovable and movable property, Charters - ANSWER_All of these
should be recorded at the clerk's office
Louisiana Supreme Court - ANSWER_Unconstitutional law and death penalty cases
go directly to this court
A trial court - ANSWER_This is another name for the Original Court
Magistrates - ANSWER_Mayor's Court is overseen by these
District Court - ANSWER_The notary is under the direct supervision of this court
licensed attorneys - ANSWER_Judges in District courts and City/Parish courts must
be these
Jefferson and Ascension Parish - ANSWER_City courts exists in municipalities and
parish courts exist in these two parishes
Small dollar amount issues and Local law misdemeanors - ANSWER_City/Parish
courts handle these situations
, 40 districts and 5 Appellate courts - ANSWER_This is the amount of judicial districts
and Appellate courts in our state
handle criminal matters, handle any civil dispute for any amount of money, handle
appeals from lower courts, judges must be attorneys - ANSWER_All of these
concern judges in District Court
The state Legislature - ANSWER_Our state law is derived from this
Civil Code, La Revised Statutes, Code of Civil Procedure, Children's Code, Code of
Evidence, Code of Criminal Procedure, Constitutional Ancillaries - ANSWER_These
are statutes of codes in our system of legislative law
The Louisiana Civil Code - ANSWER_This is the most important code to the
commissioned notary
legal capacity of individuals, parental authority and classification of children, activities
regarding things and property, marriage and divorce contracts, law conflict
resolution, contracts - ANSWER_Civil law governs all of these
Preliminary Title and Books I-IV - ANSWER_The Louisiana Civil code is broken
down into these 5 parts
The Louisiana Revised Statutes - ANSWER_These are a general compilation of
miscellaneous items that includes certain titles of specific interest to notaries and are
organized in the same manner as the Civil Code
The Children's Code - ANSWER_This contains laws affecting juveniles
The Code of Civil Procedure - ANSWER_This is a collection of procedural laws
The Code of Evidence - ANSWER_This provides rules of evidence and testimony
and contains information on the competency of witnesses
The Code of Criminal Procedure - ANSWER_This regards adult criminal
proceedings and prosecution
The Constitutional Ancillaries - ANSWER_These are considered statutory law
Secretary of State - ANSWER_This agency is responsible for maintaining the official
registry of appointed and elected officials; issuing Apostilles, housing the commercial
division for business entities and their activities, maintaining archives of official state
documents, and serves as the chief elections officer
Secretary of State, Department of Public Safety, Department of Health and
Hospitals, Department of Social Services-Support Enforcement Services -
ANSWER_These agencies depend on notarized documents on a regular basis
Who has sole power to revoke a notary's commission revoked or suspended for
cause? - ANSWER_COURTS
Questions & Answers 100% solved
Common function of Notaries - ANSWER_a) perform quasi public functions
b) confer authenticity
c) provide documents with a fixed date
d) determine marketability of title of land
Concepts of Notary as a Public Official - ANSWER_a) charged w/ establishing dates
on which those acts were executed
b) preserving those acts in their custody
c) issuing certified copies of acts
d) independent of any branch of government
e) free to organize his office as he see fit
f) not paid by state but by clients
g) allowed to perform services for person outside district as long as executed in
district
Functions of Notary as Multi-Party Counselor - ANSWER_1) legal advisor
2) Mediator
3) Conveyancer, does not act on behalf of either party
Authentic Act - ANSWER_1) executed in form of protocol
2) protected against alterations
Authenticity - ANSWER_The attestation of a fact by a public authority whose
declaration is conclusive without further verification of the writing until impeached for
falsity.
An authentic act is - ANSWER_1) full proof of the existence of what the notary has
seen or heard personally
2) full proof as to the date the parties signed
3) confers fixed date
Notary must attest that they know - ANSWER_1) parties
2) parties legal capacity
Authentic act required for - ANSWER_1) gratuitous contracts
2) transactions involving immovable property
3) marriage settlements
4) many corporate acts
The applicant proves his/her competency to the courts and takes a state
administered exam - ANSWER_The non-attorney is commissioned by the State of
Louisiana when it's completed
What most documents used in Louisiana court of law must contain? -
ANSWER_Signature of civil law notary
,What happens when a notary fails to perform his legal duties ? -
ANSWER_Disciplinary proceedings in a court of law, possible criminal charges, Civil
liability for damages
What are some of the powers of the Civil Law Notary? - ANSWER_Making contracts
involving inventories, receiving acknowledgements of acts under private signature,
explaining the effect of the notarial act they are receiving
Enumerate two other powers of the Civil Law Notary - ANSWER_executing authentic
acts and officiating at family meetings
What are trial courts? - ANSWER_The City/Parish courts and District Courts
- ANSWER_The Supervisory Court does all of theseCan supervise lower courts,
Ensures lower courts are applying our laws correctly, Hears Appellate Court appeals
What are some duties of a notary? - ANSWER_Must be familiar with the Louisiana
Civil Code, must keep record of all notarial acts, can be subpoenaed at any time and
asked to attest to their notarial acts
Enumerate 3 types of courts - ANSWER_Supervisory (Louisiana Supreme Court),
Appellate, Trial courts
The Appellate court - ANSWER_Appeal hearings from original courts are held by this
court
Bonds and mortgages, Acts of Cancellation of Mortgages, Conveyances, Oaths of
Office, Acts of Immovable and movable property, Charters - ANSWER_All of these
should be recorded at the clerk's office
Louisiana Supreme Court - ANSWER_Unconstitutional law and death penalty cases
go directly to this court
A trial court - ANSWER_This is another name for the Original Court
Magistrates - ANSWER_Mayor's Court is overseen by these
District Court - ANSWER_The notary is under the direct supervision of this court
licensed attorneys - ANSWER_Judges in District courts and City/Parish courts must
be these
Jefferson and Ascension Parish - ANSWER_City courts exists in municipalities and
parish courts exist in these two parishes
Small dollar amount issues and Local law misdemeanors - ANSWER_City/Parish
courts handle these situations
, 40 districts and 5 Appellate courts - ANSWER_This is the amount of judicial districts
and Appellate courts in our state
handle criminal matters, handle any civil dispute for any amount of money, handle
appeals from lower courts, judges must be attorneys - ANSWER_All of these
concern judges in District Court
The state Legislature - ANSWER_Our state law is derived from this
Civil Code, La Revised Statutes, Code of Civil Procedure, Children's Code, Code of
Evidence, Code of Criminal Procedure, Constitutional Ancillaries - ANSWER_These
are statutes of codes in our system of legislative law
The Louisiana Civil Code - ANSWER_This is the most important code to the
commissioned notary
legal capacity of individuals, parental authority and classification of children, activities
regarding things and property, marriage and divorce contracts, law conflict
resolution, contracts - ANSWER_Civil law governs all of these
Preliminary Title and Books I-IV - ANSWER_The Louisiana Civil code is broken
down into these 5 parts
The Louisiana Revised Statutes - ANSWER_These are a general compilation of
miscellaneous items that includes certain titles of specific interest to notaries and are
organized in the same manner as the Civil Code
The Children's Code - ANSWER_This contains laws affecting juveniles
The Code of Civil Procedure - ANSWER_This is a collection of procedural laws
The Code of Evidence - ANSWER_This provides rules of evidence and testimony
and contains information on the competency of witnesses
The Code of Criminal Procedure - ANSWER_This regards adult criminal
proceedings and prosecution
The Constitutional Ancillaries - ANSWER_These are considered statutory law
Secretary of State - ANSWER_This agency is responsible for maintaining the official
registry of appointed and elected officials; issuing Apostilles, housing the commercial
division for business entities and their activities, maintaining archives of official state
documents, and serves as the chief elections officer
Secretary of State, Department of Public Safety, Department of Health and
Hospitals, Department of Social Services-Support Enforcement Services -
ANSWER_These agencies depend on notarized documents on a regular basis
Who has sole power to revoke a notary's commission revoked or suspended for
cause? - ANSWER_COURTS
