NYS Notary Public Exam - Questions and Answers

NYS Notary Public Exam - Questions and Answers A person can act as an attorney in New York State only if admitted to practice as an attorney or counselor in the courts of record in NYS TRUE- there is an exemption for the officers of societies for the prevention of cruelty and certain law students. Notaries publics are prohibited from executing wills because they would thereby be acting as an attorney TRUE- notaries public are expressly prohibited from drawing up wills. A notary public is not a public officer FALSE- a notary is a public officer and must not act without having and duly filed the required oath of office A person who acts as a notary without having taken and duly filed the required oath of office is guilty of a _____ misdemeanor, the oath must be as prescribed by law A public officer cannot charge a fee, except where a fee or other compensation is expressly allowed by law. TRUE- also a public officer cannot charge more for the service than is allowed by law A public officer cannot receive a fee in advance of rending the service? FALSE- a public officer can receive a fee in advance if the law allows. also, cannot charge a fee unless the service was actually rendered by him An officer who violates the fee provisions is liable for treble damages to the person aggrieved TRUE- also is liable for punishment prescribed by law for the criminal offense and removal from office The maximum term of an indeterminate sentence shall be at least ____ years. 3 years, the term is fixed by the judge For a class ___ felony, the term shall be fixed by the court and shall not exceed 7 years D A sentence of imprisonment for a class "a" misdemeanor shall be a ___ sentence maximum of one year of a misdemeanor A person is guilty of forgery in the __ degree when he falsely makes, completes or alters a written instrument Second degree Forgery in the second degree is a class ___ felony D Issuing a false certificate is a class ___ felony E Official misconduct includes willfully committing an act relating to one's office constituting an unauthorized exercise of his official functions TRUE- also includes refraining from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office An officer before whom an oath or affidavit may be taken is bound to administer the same when required. TRUE- refusal to do so is a misdemeanor A person is guilty of perjury if under oath or ___ he has given false testimony AFFIRMATION- the testimony must have been given on a material matter An ___ is formal declaration before an authorized officer by a person who