LOUISIANA NOTARY EXAM | Answered 100% correctly

LOUISIANA NOTARY EXAM | Answered 100% correctly Louisiana Notary The Louisiana Notary is a civil law notary Role of the Civil Law Notary (Generally) ( a ) notaries are lawyers who perform quasi-public functions, and they are required to go through rigorous professional training before they are allowed to practice, ( b ) in accordance with the intentions expressed by their clients, notaries confer authenticity to the declarations made by the parties to a particular legal transaction, ( c ) notaries provide their deeds or instruments with a fixed date and keep the originals of the deeds or instruments prepared by them in their custody, and ( d ) notaries are charged with determining the marketability of titled to land. Function of Notary as a multi-party counselor The notary cannot choose a side like an attorney. If parties are not able to come to an agreement, litigation falls to the attorney. The civilian notary is the trusted non judicial peacemaker of the parties to a transaction. The "authentic act" the document must be executed in the form of a protocol and protected against alterations by being kept at the office of the notary or other public office. It must comply with special requirements and is vested with a very special and strong evidentiary force. Role of the notary as conveyancer The notary is in charge of closing both the sale and the mortgage transactions as well as of drafting the pertinent instruments. Conveyancer A person whose job is to manage the legal process of moving land from one owner to another. Systems of Law Islamic law; Socialist law; Common law; Civil law Common Law Denotes a system of law that derives from the English common law. Draws on hundreds of years of previous decisions. Judicial decisions play a significant role in the evolution of law. Relies on precedent (stare decisis). Precedent (stare decisis) a previous decision or ruling that, in common law tradition, is binding on subsequent decisions Civil Law Generally describes the system of laws derived from Roman Law. A famous descendant of this system is the Code Napoleon or Civil Code of France. Systems contrasted: Civil Law & Common Law The role of the judge in common law is, in part, that of a law maker. Where there was no "positive law" (written law) judges made law based on what they perceived as equitable. Notaries in Louisiana: