New York State Notary Exam Comprehensive Study Guide
Study online at https://quizlet.com/_cq60el
1. Administrator A person appointed by the court to manage the estate of a deceased person
who left no will.
2. Affiant The person who makes and subscribes his signature to an affidavit.
3. Affidavit a signed statement, duly sworn to, by the maker thereof, before a notary public
or other officer authorized to administer oaths. The venue or county wherein
it was sworn to should be accurately stated. [more.]
4. Affirmation A solemn declaration made by persons who conscientiously decline taking an
oath; it is equivalent to an oath and is just as binding; if a person has religious
or conscientious scruples against taking an oath, the notary public should have
the person affirm. [more...]
5. Apostile Department of State authentication attached to a notarized and county-certi-
fied document for possible international use.
6. Attest To witness the execution of a written instrument, at the request of the person
who makes it, and subscribe the same as a witness.
7. Attestation Clause The clause (e.g., at the end of a will) wherein the witness certify that the
instrument has been executed before them, and the manner of the execution
of the same.
8. Authentication (No- A certificate subjoined by a county clerk to any certificate of proof or acknowl-
tarial) edgment or oath signed by a notary; this county clerk's certificate authenticates
or verifies the authority of the notary public to act as such.
9. Bill of Sale A written instrument given to pass title of personal property from vendor to
vendee.
10. Certified Copy A copy of a public record signed and certified as a true copy by the public
official having custody of the original. A notary public has no authority to issue
certified copies. Notaries must not certify to the authenticity of legal documents
, New York State Notary Exam Comprehensive Study Guide
Study online at https://quizlet.com/_cq60el
and other papers required to be filed with foreign consular officers. Within
this prohibition are certificated of the following type: United States of America,
State of New York, County of New York: [more...]
11. Chattel Personal property, such as household goods or fixtures.
12. Chattel Paper A writing or writings which evidence both an obligation to pay money and a
security interest in a lease or specific goods. The agreement which creates or
provides for the security interest is known as a security agreement.
13. Codicil An instrument made subsequent to a will and modifying it in some respect.
14. Consideration Anything of value given to induce entering into a contract; it may be money,
personal services, or even love and affection.
15. Contempt of Court Behavior disrespectful of the authority of a court which disrupts the execution
of court orders.
16. Contract An agreement between competent parties to do or not to do certain things for
a legal consideration, whereby each party acquires a right to what the other
possess.
17. Conveyance (Deed) Every instrument, in writing, except a will, by which any estate or interest in real
property is created, transferred, assigned or surrendered.
18. County Clerk's Cer- See "Authentication (Notarial)."
tificate
19. Deponent One who makes oath to a written statement. Technically, a person subscribing
a deposition but used interchangeably with "Affiant."
20. Deposition The testimony of a witness taken out of court or other hearing proceeding,
under oath or by affirmation, before a notary public or other person, officer or
, New York State Notary Exam Comprehensive Study Guide
Study online at https://quizlet.com/_cq60el
commissioner before whom such testimony is authorized by law to be taken,
which is intended to be used at the trial or hearing.
21. Duress Unlawful constraint exercised upon a person whereby he is forced to do some
act against his will.
22. Escrow The placing of an instrument in the hands of a person as a depository who
on the happing of a designated event, is to deliver the instrument to a third
person. This agreement, once established, should be unalterable.
23. Executor One named in a will to carry out the provisions of the will.
24. Ex Parte (From One A hearing or examination in the presence of, or on papers filed by, one party
Side Only) and in the absence of the other.
25. Felony A crime punishable by death or imprisonment in a state prison.
26. Guardian A person in charge of a minor's person or property.
27. Judgment Decree of a court declaring that one individual is indebted to another and
fixing the amount of such indebtness.
28. Jurat A jurat is that part of an affidavit where the officer (notary public) certifies that
it was sworn to before him. It is not the affidavit. The following is the form
of jurat gerally employed: "Sworn to before me this ....... Day of ......., 20......"
Those words placed directly after the signature in the affidavit stating that the
facts therein contained were sworn to or affirmed before the officer (notary
public) together with his official signature and such other data as required by
137 of the Executive Law.
29. Laches The delay or negligence in asserting one's legal right.
30. Lease
, New York State Notary Exam Comprehensive Study Guide
Study online at https://quizlet.com/_cq60el
A contract whereby, for a consideration, usually termed rent, one who is
entitled to the possession of real property transfers such right to another for
life, for a term of years or at will.
31. Lien A legal right or claim upon a specific property which attaches to the property
until a debt is satisfied.
32. Litigation The act of carrying on a lawsuit.
33. Misdemeanor Any crime other than a felony
34. Mortgage On Real An instrument in writing, duly executed and delivered that creates a lien upon
Property real estate as security for the payment of a specified debt, which is usually in
the form of a bond.
35. Notary Public A public officer who executes acknowledgments of deeds or writings in order
to render them available as evidence of the facts therein contained; adminis-
ters oaths and affirmation as to the truth of statements contained in papers
or documents requiring the administration of an oath. The notary's general
authority is defined in €135 of the Executive Law; the notary has certain other
powers which can be found in the various provisions of law set forth earlier in
this publication.
36. Oath A verbal pledge given by the person taking it that his statements are made
under an immediate sense of this responsibility to God, who will punish the
affiant if the statements are false. Notaries public must administer oaths and
affirmations in manner and form as prescribed by the Civil Practice Law and
Rules, namely: [...] For an oath or affirmation to be valid, whatever form is
adopted, it is necessary that: first, the person swearing or affirming must
personally be in the presence of the notary public; secondly, that the person
unequivocally swears or affirms that what he states is true; thirdly, that he
swears or affirms as of that time; and, lastly, that the person conscientiously
takes upon himself the obligation of an oath.
Study online at https://quizlet.com/_cq60el
1. Administrator A person appointed by the court to manage the estate of a deceased person
who left no will.
2. Affiant The person who makes and subscribes his signature to an affidavit.
3. Affidavit a signed statement, duly sworn to, by the maker thereof, before a notary public
or other officer authorized to administer oaths. The venue or county wherein
it was sworn to should be accurately stated. [more.]
4. Affirmation A solemn declaration made by persons who conscientiously decline taking an
oath; it is equivalent to an oath and is just as binding; if a person has religious
or conscientious scruples against taking an oath, the notary public should have
the person affirm. [more...]
5. Apostile Department of State authentication attached to a notarized and county-certi-
fied document for possible international use.
6. Attest To witness the execution of a written instrument, at the request of the person
who makes it, and subscribe the same as a witness.
7. Attestation Clause The clause (e.g., at the end of a will) wherein the witness certify that the
instrument has been executed before them, and the manner of the execution
of the same.
8. Authentication (No- A certificate subjoined by a county clerk to any certificate of proof or acknowl-
tarial) edgment or oath signed by a notary; this county clerk's certificate authenticates
or verifies the authority of the notary public to act as such.
9. Bill of Sale A written instrument given to pass title of personal property from vendor to
vendee.
10. Certified Copy A copy of a public record signed and certified as a true copy by the public
official having custody of the original. A notary public has no authority to issue
certified copies. Notaries must not certify to the authenticity of legal documents
, New York State Notary Exam Comprehensive Study Guide
Study online at https://quizlet.com/_cq60el
and other papers required to be filed with foreign consular officers. Within
this prohibition are certificated of the following type: United States of America,
State of New York, County of New York: [more...]
11. Chattel Personal property, such as household goods or fixtures.
12. Chattel Paper A writing or writings which evidence both an obligation to pay money and a
security interest in a lease or specific goods. The agreement which creates or
provides for the security interest is known as a security agreement.
13. Codicil An instrument made subsequent to a will and modifying it in some respect.
14. Consideration Anything of value given to induce entering into a contract; it may be money,
personal services, or even love and affection.
15. Contempt of Court Behavior disrespectful of the authority of a court which disrupts the execution
of court orders.
16. Contract An agreement between competent parties to do or not to do certain things for
a legal consideration, whereby each party acquires a right to what the other
possess.
17. Conveyance (Deed) Every instrument, in writing, except a will, by which any estate or interest in real
property is created, transferred, assigned or surrendered.
18. County Clerk's Cer- See "Authentication (Notarial)."
tificate
19. Deponent One who makes oath to a written statement. Technically, a person subscribing
a deposition but used interchangeably with "Affiant."
20. Deposition The testimony of a witness taken out of court or other hearing proceeding,
under oath or by affirmation, before a notary public or other person, officer or
, New York State Notary Exam Comprehensive Study Guide
Study online at https://quizlet.com/_cq60el
commissioner before whom such testimony is authorized by law to be taken,
which is intended to be used at the trial or hearing.
21. Duress Unlawful constraint exercised upon a person whereby he is forced to do some
act against his will.
22. Escrow The placing of an instrument in the hands of a person as a depository who
on the happing of a designated event, is to deliver the instrument to a third
person. This agreement, once established, should be unalterable.
23. Executor One named in a will to carry out the provisions of the will.
24. Ex Parte (From One A hearing or examination in the presence of, or on papers filed by, one party
Side Only) and in the absence of the other.
25. Felony A crime punishable by death or imprisonment in a state prison.
26. Guardian A person in charge of a minor's person or property.
27. Judgment Decree of a court declaring that one individual is indebted to another and
fixing the amount of such indebtness.
28. Jurat A jurat is that part of an affidavit where the officer (notary public) certifies that
it was sworn to before him. It is not the affidavit. The following is the form
of jurat gerally employed: "Sworn to before me this ....... Day of ......., 20......"
Those words placed directly after the signature in the affidavit stating that the
facts therein contained were sworn to or affirmed before the officer (notary
public) together with his official signature and such other data as required by
137 of the Executive Law.
29. Laches The delay or negligence in asserting one's legal right.
30. Lease
, New York State Notary Exam Comprehensive Study Guide
Study online at https://quizlet.com/_cq60el
A contract whereby, for a consideration, usually termed rent, one who is
entitled to the possession of real property transfers such right to another for
life, for a term of years or at will.
31. Lien A legal right or claim upon a specific property which attaches to the property
until a debt is satisfied.
32. Litigation The act of carrying on a lawsuit.
33. Misdemeanor Any crime other than a felony
34. Mortgage On Real An instrument in writing, duly executed and delivered that creates a lien upon
Property real estate as security for the payment of a specified debt, which is usually in
the form of a bond.
35. Notary Public A public officer who executes acknowledgments of deeds or writings in order
to render them available as evidence of the facts therein contained; adminis-
ters oaths and affirmation as to the truth of statements contained in papers
or documents requiring the administration of an oath. The notary's general
authority is defined in €135 of the Executive Law; the notary has certain other
powers which can be found in the various provisions of law set forth earlier in
this publication.
36. Oath A verbal pledge given by the person taking it that his statements are made
under an immediate sense of this responsibility to God, who will punish the
affiant if the statements are false. Notaries public must administer oaths and
affirmations in manner and form as prescribed by the Civil Practice Law and
Rules, namely: [...] For an oath or affirmation to be valid, whatever form is
adopted, it is necessary that: first, the person swearing or affirming must
personally be in the presence of the notary public; secondly, that the person
unequivocally swears or affirms that what he states is true; thirdly, that he
swears or affirms as of that time; and, lastly, that the person conscientiously
takes upon himself the obligation of an oath.
