QUESTIONS AND CORRECT ANSWERS WITH CIVIL LAW
RATIONALES (OFFICIAL STUDY GUIDE SUPPLEMENT)
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Master the Louisiana Civil Law system with this verified, high-yield
practice exam bank containing comprehensive scenario-driven multiple-
choice questions. Each entry features an explicitly bolded correct answer
paired with a dense, up-to-date legal rationale mapping directly to the
Louisiana Civil Code. Perfect for students and professionals aiming to ace
the computer-based state examination on their very first attempt.
Question 1
What primary type of legal system operates in the state of Louisiana,
distinguishing its notarial examination and structural authority from all
other states in the United States?
A) Common Law
B) Maritime Law
C) Civil Law
D) Socialist Law
ANSWER: C) Civil Law
,RATIONALE: Louisiana is the only state in the United States that
operates under a Civil Law system, which is heavily derived from
Roman Law and the Napoleonic Code. In common law states, notary
publics possess highly restricted ministerial powers. Conversely, a
Louisiana civil law notary is vested with broad legal authority,
allowing them to draft legal instruments, pass authentic acts, and
perform duties closely resembling those of an attorney in specific
transactions.
Question 2
Under Louisiana civil law, where is the ultimate lawmaking authority
vested within the state structure?
A) The judiciary through jurisprudential precedent
B) The citizenry, who delegate that authority to an elected legislature
C) The Louisiana State Supreme Court exclusively
D) The local municipal parish councils
ANSWER: B) The citizenry, who delegate that authority to an elected
legislature
RATIONALE: In a strict Civil Law jurisdiction like Louisiana, the
primary source of law is legislation rather than judicial precedent.
The citizenry establishes the constitutional framework, which
explicitly vests the exclusive authority to create and enact statutory
laws in the elected legislative body. Judicial decisions serve as
,persuasive guidance (jurisprudence constante) but are not absolute
binding law as they are under common law stare decisis.
Question 3
Which of the following elements is strictly required to pass a valid
Authentic Act under Louisiana Civil Code Article 1833?
A) It must be signed by the parties before any notary at any later date.
B) It must be executed before a notary public or other officer authorized
to execute such functions, in the presence of two witnesses.
C) It must be written by hand by the notary public exclusively.
D) It must be registered with the Secretary of State within 24 hours of
signing.
ANSWER: B) It must be executed before a notary public or other
officer authorized to execute such functions, in the presence of two
witnesses.
RATIONALE: According to La. C.C. art. 1833, an authentic act is a
writing executed before a notary public or other officer authorized
to execute such functions, in the presence of two witnesses, and
signed by each party who executed it, by each witness, and by each
notary. If the document fails to meet the strict presence
requirement of the notary and two witnesses simultaneously, it
cannot be classified as an authentic act.
, Question 4
If a legal document fails to qualify as an Authentic Act due to a missing
witness signature, but it is signed by the parties, what is its legal status
under Louisiana law?
A) It is absolutely null and void for all purposes.
B) It may still be valid as an act under private signature.
C) It automatically becomes an executive public order.
D) It remains an authentic act as long as the notary signed it.
ANSWER: B) It may still be valid as an act under private signature.
RATIONALE: Under Louisiana civil law, an act that fails to meet the
stringent formal requirements of an authentic act (such as lacking
simultaneous execution before two witnesses) because of a defect
of form does not automatically lose all legal efficacy. It may still be
legally recognized as an act under private signature provided it
bears the valid signatures of the principal parties.
Question 5
What is the statutory minimum amount required for a non-attorney
Notary Public's official bond in Louisiana?
A) $1,000
B) $5,000
C) $10,000
D) $25,000