2020 Fundamentals of Louisiana
Notarial Law and Practice Exam
Questions & Answers
Mortgagor - ANSWER_one who grants/gives a mortgage; the one making the
mortgage, so that's the borrower/home-buyer
Mortgagee - ANSWER_one who takes the mortgage and is thus, the lender/bank -
the one who provides a loan to someone buying the house; the person in whose
favor a mortgage is granted
Lessor - ANSWER_the landlord; one who gives the lease
Lessee - ANSWER_the renter; one who receives the lease
Grantor - ANSWER_one who gives grants (for example, an easement)
Grantee - ANSWER_one who receives the grant
Payor - ANSWER_one who gives the money
Payee - ANSWER_one who receives the money; a person to whom a promissory
note or bill of exchange is payable
Obligor - ANSWER_one who gives an obligation (like owing child support)
Obligee - ANSWER_one who receives the obligation (payment)
Donor - ANSWER_one who gives or donates
Donee - ANSWER_one who receives a donation or gift
Creditor - ANSWER_one who gives credit to a debtor
Debtor - ANSWER_one who receives credit
Assigner - ANSWER_one who assigns
Assignee - ANSWER_one who receives the transfer
Drawer - ANSWER_one who gives a check; one who draws, especially one who
draws an order for the payment of money
Drawee - ANSWER_one who receives the check = bank - then bank pays to payee;
the party on which an order for the payment of money is drawn, usually a bank.
,Donation mortis causa - ANSWER_an act to take effect at the death of the donor by
which he disposes of the whole or part of his property, but that is revocable during
the lifetime of the donor.
Onerous donation - ANSWER_payment for an obligation undertaken, but not yet
performed by the donee via a donation made with a charge on the donee or
conditioned upon the performance of a stipulated condition if the cost or value of the
imposed charge or condition equals or exceeds 2/3 of the value of the thing donated
Collateral mortgage - ANSWER_a mortgage designed, not to directly secure an
existing debt, but to secure a mortgage note pledged as collateral security for a debt.
The maker may reissue the mortgage note from time to time, and have it returned to
him without extinguishing the mortgage. It is both a mortgage and a pledge.
Personal servitude - ANSWER_a charge on a thing for the benefit of a particular
person that terminates with his life. There are 3 types: usufruct, right of use, and
habitation
Mandate - ANSWER_either an onerous or gratuitous contract whereby a person (the
principal or mandator) confers authority on another person (mandatary) to transact
one or more affairs for the principal in either his own name or in the name of the
principal; similar to the common-law term of power of attorney which is the more
customary term frequently used in notarial acts.
Naked ownership - ANSWER_ownership of property burdened with a usufruct; the
bundle of rights formerly called abusus.
Procuration - ANSWER_a unilateral juridical act whereby a person, called the
principal, confers authority on another person to represent him in legal relations. (It
differs from mandate, which is a contract.)
Movables - ANSWER_things, whether animate or inanimate, that normally can move
or can be moved from one place or another; all things corporeal or incorporeal that
the law does not consider to be immovable
Immovables - ANSWER_tracts of land, real property or real estate, along with their
component parts
Authenticated (acknowledged) act - ANSWER_any act or instrument in writing
signed by the parties in the presence of 2 witnesses and then taken by the party(ies)
or the witness(es) before a notary and 2 witnesses; the original act was signed out of
the presence of the notary.
Legatee - ANSWER_one who is named in a will to take personal property; one who
has received a legacy or bequest; the successor to a decedent's estate when the
succession is testate
Remunerative donation - ANSWER_payment for an obligation already performed via
a donation made to compensate for services the donee rendered in the past if the
value of the services equals or exceeds 2/3 of the value of the property donated; the
,donor must owe a debt for services to the donee at the time of execution of the
instrument
Conventional Mortgage - ANSWER_the most common type of mortgage, it is created
by written contract to secure the performance of an obligation; no speical words are
necessary to establish it.
Predial servitude - ANSWER_an indivisible, incorporeal immovable charge on a
thing for the benefit of the owner of another thing that does not terminate with the
death of the owner of the thing in whose favor the servitude runs, but extends to any
owner, whether the original or a successor. For example, a charge on a servient
estate for the benefit of a dominant estate that is inseparable from the dominant
estate and passes with it.
Usufruct - ANSWER_a real right to use property during the existence of a limited
period to the exclusion of the owners of the property. The features of the right vary
with the nature of the things subject to it as consumables or non-consumables, but it
is an incorporeal thing.
Coporeals - ANSWER_things that have body, whether animate or inanimate, and
can be felt or touched.
Incorporeals (or non-corporeals) - ANSWER_things that do not have a body or
material form and are therefore, unobservable through the use of the senses but are
comprehended as a fiction of the law understood as property that does not have a
material form, such as the rights of inheritance, servitudes, obligations and debt, and
right of intellectual property
Fruits - ANSWER_things produced by or derived from another thing without
diminution of its substance, such as products of the earth, rents, or interest
Acquisitive prescription - ANSWER_a mode of acquiring ownership of other real
rights by uninterrupted possession for a period of time; squatters' rights.
Inventory - ANSWER_a written list or catalog of the property of a person or
succession that is made under oath and that usually describes and assigns a value
to each item of property.
Matrimonial agreement - ANSWER_a contract made by a couple intending to marry,
or by a married couple, for the purpose of establishing a contractual regime involving
separate property in lieu of the ordinary rules regarding community property (thereby
modifying the default legal regime), or to establish a separate property regime that
terminates the legal regime in its entirety
Olographic will - ANSWER_a testament that must be entirely written, dated, and
signed in the handwriting of the testator with the signature placed at the end of the
testament. Can't provide for disposition of remains.
Principal - ANSWER_1. A sum of money.
2. The person granting authority under a mandate.
, 3. What the Louisiana Trust Code refers to the trust corpus as.
Confusion - ANSWER_when the qualities of obligee and obligor are united in the
same person and the obligation is extinguished. For example: This would occur with
a predial servitude which would be extinguished when the dominant and the servient
estates are acquired in their entirety by the same person.
Dominant estate - ANSWER_benefits from the predial servitude charged on a
servient estate
Servient estate - ANSWER_is burdened with a predial servitude that benefits a
dominant estate
Heirs - ANSWER_intestate donees; must be in existence at the time of the death of
the decedent; among potential successors within each class, those closest in relation
to the decedent
Succession-by-affidavit - ANSWER_a particular instrument used in a notarial act
when a person has died leaving property in Louisiana that has a gross value of
$125,000 or less valued as of the date of death or, if the date of death occurred at
least 20 years prior to the date of the filing of an affidavit leaving property of any
value.
Judicial succession - ANSWER_the one they stress notaries may not do - it's
necessary if the gross value of the property left as of the date of death, exceeds
$125,000
Provisional custody by mandate - ANSWER_form used when a person with parental
authority over a child needs to delegate the provisional custody of the child to any
natural person and authorizes the mandatary to make decisions with respect to the
education, medical care, discipline, shelter, support, or general welfare of the child
for up to 1 year.
Non-legal custodian's affidavit - ANSWER_form used when a person who is not a
foster parent caring for a child in the custody of the Office of Community Services,
gives legal consent for a child in his custody to receive any medical or educational
services for which parental consent is usually required
Act of correction by notary - ANSWER_executed if a clerical error is made in a
notarial act affecting property or any other rights; either the notary before whom the
act was passed, or the notary who prepared the act containing the error may correct
the error before 2 witnesses and another notary
Act of correction by parties - ANSWER_executed by all of the parties to the original
act for an error in a notarial act affecting property or any other rights and is given to
the clerk of court
Caveat Notarius - ANSWER_Latin for "let the notary beware"
Notarial Law and Practice Exam
Questions & Answers
Mortgagor - ANSWER_one who grants/gives a mortgage; the one making the
mortgage, so that's the borrower/home-buyer
Mortgagee - ANSWER_one who takes the mortgage and is thus, the lender/bank -
the one who provides a loan to someone buying the house; the person in whose
favor a mortgage is granted
Lessor - ANSWER_the landlord; one who gives the lease
Lessee - ANSWER_the renter; one who receives the lease
Grantor - ANSWER_one who gives grants (for example, an easement)
Grantee - ANSWER_one who receives the grant
Payor - ANSWER_one who gives the money
Payee - ANSWER_one who receives the money; a person to whom a promissory
note or bill of exchange is payable
Obligor - ANSWER_one who gives an obligation (like owing child support)
Obligee - ANSWER_one who receives the obligation (payment)
Donor - ANSWER_one who gives or donates
Donee - ANSWER_one who receives a donation or gift
Creditor - ANSWER_one who gives credit to a debtor
Debtor - ANSWER_one who receives credit
Assigner - ANSWER_one who assigns
Assignee - ANSWER_one who receives the transfer
Drawer - ANSWER_one who gives a check; one who draws, especially one who
draws an order for the payment of money
Drawee - ANSWER_one who receives the check = bank - then bank pays to payee;
the party on which an order for the payment of money is drawn, usually a bank.
,Donation mortis causa - ANSWER_an act to take effect at the death of the donor by
which he disposes of the whole or part of his property, but that is revocable during
the lifetime of the donor.
Onerous donation - ANSWER_payment for an obligation undertaken, but not yet
performed by the donee via a donation made with a charge on the donee or
conditioned upon the performance of a stipulated condition if the cost or value of the
imposed charge or condition equals or exceeds 2/3 of the value of the thing donated
Collateral mortgage - ANSWER_a mortgage designed, not to directly secure an
existing debt, but to secure a mortgage note pledged as collateral security for a debt.
The maker may reissue the mortgage note from time to time, and have it returned to
him without extinguishing the mortgage. It is both a mortgage and a pledge.
Personal servitude - ANSWER_a charge on a thing for the benefit of a particular
person that terminates with his life. There are 3 types: usufruct, right of use, and
habitation
Mandate - ANSWER_either an onerous or gratuitous contract whereby a person (the
principal or mandator) confers authority on another person (mandatary) to transact
one or more affairs for the principal in either his own name or in the name of the
principal; similar to the common-law term of power of attorney which is the more
customary term frequently used in notarial acts.
Naked ownership - ANSWER_ownership of property burdened with a usufruct; the
bundle of rights formerly called abusus.
Procuration - ANSWER_a unilateral juridical act whereby a person, called the
principal, confers authority on another person to represent him in legal relations. (It
differs from mandate, which is a contract.)
Movables - ANSWER_things, whether animate or inanimate, that normally can move
or can be moved from one place or another; all things corporeal or incorporeal that
the law does not consider to be immovable
Immovables - ANSWER_tracts of land, real property or real estate, along with their
component parts
Authenticated (acknowledged) act - ANSWER_any act or instrument in writing
signed by the parties in the presence of 2 witnesses and then taken by the party(ies)
or the witness(es) before a notary and 2 witnesses; the original act was signed out of
the presence of the notary.
Legatee - ANSWER_one who is named in a will to take personal property; one who
has received a legacy or bequest; the successor to a decedent's estate when the
succession is testate
Remunerative donation - ANSWER_payment for an obligation already performed via
a donation made to compensate for services the donee rendered in the past if the
value of the services equals or exceeds 2/3 of the value of the property donated; the
,donor must owe a debt for services to the donee at the time of execution of the
instrument
Conventional Mortgage - ANSWER_the most common type of mortgage, it is created
by written contract to secure the performance of an obligation; no speical words are
necessary to establish it.
Predial servitude - ANSWER_an indivisible, incorporeal immovable charge on a
thing for the benefit of the owner of another thing that does not terminate with the
death of the owner of the thing in whose favor the servitude runs, but extends to any
owner, whether the original or a successor. For example, a charge on a servient
estate for the benefit of a dominant estate that is inseparable from the dominant
estate and passes with it.
Usufruct - ANSWER_a real right to use property during the existence of a limited
period to the exclusion of the owners of the property. The features of the right vary
with the nature of the things subject to it as consumables or non-consumables, but it
is an incorporeal thing.
Coporeals - ANSWER_things that have body, whether animate or inanimate, and
can be felt or touched.
Incorporeals (or non-corporeals) - ANSWER_things that do not have a body or
material form and are therefore, unobservable through the use of the senses but are
comprehended as a fiction of the law understood as property that does not have a
material form, such as the rights of inheritance, servitudes, obligations and debt, and
right of intellectual property
Fruits - ANSWER_things produced by or derived from another thing without
diminution of its substance, such as products of the earth, rents, or interest
Acquisitive prescription - ANSWER_a mode of acquiring ownership of other real
rights by uninterrupted possession for a period of time; squatters' rights.
Inventory - ANSWER_a written list or catalog of the property of a person or
succession that is made under oath and that usually describes and assigns a value
to each item of property.
Matrimonial agreement - ANSWER_a contract made by a couple intending to marry,
or by a married couple, for the purpose of establishing a contractual regime involving
separate property in lieu of the ordinary rules regarding community property (thereby
modifying the default legal regime), or to establish a separate property regime that
terminates the legal regime in its entirety
Olographic will - ANSWER_a testament that must be entirely written, dated, and
signed in the handwriting of the testator with the signature placed at the end of the
testament. Can't provide for disposition of remains.
Principal - ANSWER_1. A sum of money.
2. The person granting authority under a mandate.
, 3. What the Louisiana Trust Code refers to the trust corpus as.
Confusion - ANSWER_when the qualities of obligee and obligor are united in the
same person and the obligation is extinguished. For example: This would occur with
a predial servitude which would be extinguished when the dominant and the servient
estates are acquired in their entirety by the same person.
Dominant estate - ANSWER_benefits from the predial servitude charged on a
servient estate
Servient estate - ANSWER_is burdened with a predial servitude that benefits a
dominant estate
Heirs - ANSWER_intestate donees; must be in existence at the time of the death of
the decedent; among potential successors within each class, those closest in relation
to the decedent
Succession-by-affidavit - ANSWER_a particular instrument used in a notarial act
when a person has died leaving property in Louisiana that has a gross value of
$125,000 or less valued as of the date of death or, if the date of death occurred at
least 20 years prior to the date of the filing of an affidavit leaving property of any
value.
Judicial succession - ANSWER_the one they stress notaries may not do - it's
necessary if the gross value of the property left as of the date of death, exceeds
$125,000
Provisional custody by mandate - ANSWER_form used when a person with parental
authority over a child needs to delegate the provisional custody of the child to any
natural person and authorizes the mandatary to make decisions with respect to the
education, medical care, discipline, shelter, support, or general welfare of the child
for up to 1 year.
Non-legal custodian's affidavit - ANSWER_form used when a person who is not a
foster parent caring for a child in the custody of the Office of Community Services,
gives legal consent for a child in his custody to receive any medical or educational
services for which parental consent is usually required
Act of correction by notary - ANSWER_executed if a clerical error is made in a
notarial act affecting property or any other rights; either the notary before whom the
act was passed, or the notary who prepared the act containing the error may correct
the error before 2 witnesses and another notary
Act of correction by parties - ANSWER_executed by all of the parties to the original
act for an error in a notarial act affecting property or any other rights and is given to
the clerk of court
Caveat Notarius - ANSWER_Latin for "let the notary beware"
