Expert Verifed Ace the Test
Louisiana Notary - ANSWER ✔✔The Louisiana Notary is a civil law
notary
Role of the Civil Law Notary (Generally) - ANSWER ✔✔( 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 - ANSWER ✔✔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" - ANSWER ✔✔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 - ANSWER ✔✔The notary is in
charge of closing both the sale and the mortgage transactions as well as
of drafting the pertinent instruments.
Conveyancer - ANSWER ✔✔A person whose job is to manage the
legal process of moving land from one owner to another.
,Systems of Law - ANSWER ✔✔Islamic law; Socialist law; Common
law; Civil law
Common Law - ANSWER ✔✔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) - ANSWER ✔✔a previous decision or ruling
that, in common law tradition, is binding on subsequent decisions
Civil Law - ANSWER ✔✔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 - ANSWER ✔✔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: - ANSWER ✔✔a) Have the power to draft and
execute many types of instruments having legal effect.
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, b) Are authorized to make inventories, appraisements, partitions, wills,
protests, matrimonial contracts, conveyances, and, generally, all
contracts and instruments in writing.
c) Are empowered to execute authentic acts, receive acknowledgments
of acts under private signature, and officiate at family and creditors'
meetings.
d) Can administer oaths
In Louisiana as a Civil Law jurisdiction: - ANSWER ✔✔The legislature
serves as the law-making authority. In a civil law jurisdiction, the
lawmaking authority is vested in the citizenry, who, through establishing
a constitution , vests the authority to make law in an elected legislature.
In Louisiana, the order in which a case is heard in the courts is as
follows (if there are appeals): - ANSWER ✔✔District court, the court
of Appeals, then Louisiana Supreme Court
An appellant has the right to require the Louisiana Supreme Court to
review all rulings or judgments of a lower court... - ANSWER
✔✔False
Court System - ANSWER ✔✔