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LA Notary Exam Prep > Core Legal Foundations and Common Acts > Flashcards

Core Legal Foundations and Common Acts Flashcards

This tier includes the most frequently tested and practically essential areas of Louisiana notarial law. It focuses on the core legal principles that underpin notarial authority—such as donations, contracts, mandates, and authentic acts—as well as commonly executed notarial instruments involving property transfers, successions, and sworn statements. Mastery of these topics is critical for both passing the exam and functioning effectively as a notary. (90 cards)

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1
Q

What is the required form for a donation inter vivos?

A

An authentic act, under penalty of absolute nullity.

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2
Q

Can a manual gift of a corporeal movable be valid without an authentic act?

A

Yes, if there is actual delivery and the object is susceptible to manual delivery.

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3
Q

What happens to a mandate when the principal dies?

A

It terminates, unless otherwise provided by law or agreement.

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4
Q

Must a mandate be in authentic form?

A

Yes, if it authorizes an act that itself must be in authentic form.

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5
Q

What are the three elements of an authentic act?

A

Execution before a notary and two witnesses, signatures, and notarization.

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6
Q

Can a party sign an authentic act at a different time or place?

A

Yes, if acknowledged before another notary with proper reference.

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7
Q

What are the three types of wills recognized in Louisiana?

A

Olographic, notarial, and nuncupative (limited).

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8
Q

What is required for a valid notarial will?

A

Signed before a notary and two witnesses, with declaration that the document is the testator’s will.

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9
Q

What form must a real estate sale take?

A

Authentic or acknowledged act with legal description.

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10
Q

What is the most accurate method of describing immovable property?

A

Government survey or metes and bounds.

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11
Q

What is the scope of a Louisiana notary’s authority?

A

Draft and execute legal documents with public faith.

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12
Q

What are the requirements to be a notary in Louisiana?

A

Age 18+, resident, no disqualifying felony, and pass the state exam.

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13
Q

Can a Louisiana notary practice statewide?

A

Yes, once commissioned by the governor.

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14
Q

What must a notary do when administering an oath?

A

Ensure voluntary swearing or affirmation under penalty of perjury.

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15
Q

Can a notary take an affidavit without the person being present?

A

No, the affiant must appear in person.

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16
Q

Can an oral donation of immovable property be valid?

A

No, it must be in authentic act form to be valid.

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17
Q

What is the legal effect of a donation not in proper form?

A

It is absolutely null.

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18
Q

Can a mandate be irrevocable?

A

Yes, if given in the interest of the mandatary or a third party.

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19
Q

What authority does a general mandate convey?

A

Only administrative acts unless expressly expanded.

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20
Q

What is a jurat?

A

A clause in an affidavit stating that the affiant swore or affirmed before the notary.

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21
Q

What is the legal effect of an authentic act?

A

It has full proof of its content against the parties.

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22
Q

Can a notary be a witness to a will they prepare?

A

No, a notary cannot be both the notary and a witness.

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23
Q

What are universal legacies?

A

Gifts of the entire estate or a fraction of it.

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24
Q

What is required to record an act of sale?

A

Proper form, legal description and a recordation in the parish.

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25
What is the effect of failing to record a sale?
It does not affect third parties.
26
Can a municipal address serve as a legal description?
Only if no better description is available and it is not preferred.
27
What is the importance of an accurate legal description?
To ensure the act affects the correct property.
28
What makes a notary a "public official"?
Commission by the state to perform legal functions.
29
What oath must a notary take before beginning duties?
The constitutional oath of office.
30
Can a notary resign their commission?
Yes, by submitting a resignation to the Secretary of State.
31
What is required before administering an oath?
Personal appearance and voluntary swearing/affirmation.
32
Can a notary use a jurat in an affidavit?
Yes, and it is commonly done.
33
How does a Louisiana notary differ from a common law notary?
LA notaries have more powers and responsibilities, including drafting binding legal instruments.
34
Are Louisiana notaries simply witnesses?
No, they are legal professionals authorized to create enforceable acts.
35
What is official misconduct by a notary?
Improper or unlawful performance of notarial duties, including misfeasance and malfeasance.
36
What are misfeasance and malfeasance?
Misfeasance is improper performance; malfeasance is intentional wrongdoing.
37
What is the duty to record?
Notaries must record and preserve certain acts to protect public interest.
38
What statute lists notarial powers?
LA R.S. 35:2
39
Can a notary be held liable for misconduct?
Yes, both civilly and criminally depending on the offense.
40
List one example of a prohibited donation.
A donation made under duress or without capacity.
41
How many types of donations are prohibited under Articles 137-142?
Several, including those to certain professionals or under undue influence.
42
When is an authentic act required for donation?
Always for immovables and most movables, unless exceptions apply.
43
Who can accept a donation?
The donee or an authorized representative.
44
When must a donation be accepted?
During the donors lifetime to be valid.
45
Are donations revocable?
Generally no, except for causes like ingratitude or non-fulfillment of conditions.
46
What is a donation mortis causa?
A donation effective only upon death, governed by testamentary formalities.
47
How does a donation inter vivos differ from mortis causa?
Inter vivos is effective immediately; mortis causa takes effect at death.
48
Is every obligation a contract?
No, but every contract creates an obligation.
49
What are the four Cs of contract formation?
Capacity, consent, cause, and certain object.
50
Is 'cause' the same as 'consideration'?
No, cause is a civil law concept meaning the reason why a party obligates themselves.
51
What makes a contract null?
Lack of consent, capacity, lawful cause, or object.
52
What are the types of contracts?
Onerous, Gratuitous, Commutative, aleatory, principal, accessory, unilateral, bilateral
53
Name one way a mandate can be terminated.
Revocation, resignation, death of principal or agent, or by law.
54
Can a mandate continue after the principal's death?
Only if it's in the interest of the mandatary or third party.
55
What defines an authentic act?
Executed before a notary and two witnesses, signed and notarized.
56
What is an acknowledged act?
A private act signed by the parties and acknowledged before a notary.
57
Name a type of act that must be in authentic form.
Donation inter vivos, mandate for real estate.
58
What are the '4 As' of notarial function?
Attestation of signatures, affidavits, authentic acts, and acknowledged acts.
59
Can an oath be administered through a power of attorney?
No, oaths are personal and must be given by the affiant directly.
60
What is a vendor's privilege?
A legal right securing payment of the purchase price.
61
What is a quitclaim deed?
A transfer of any interest the seller has, without warranty.
62
What is executory process?
A legal proceeding allowing foreclosure without ordinary suit.
63
What must a mortgage contain?
Debtor, creditor, amount secured, property description, and proper form.
64
What is a counterletter?
A private agreement that modifies a public act.
65
What is NPI in conveyance?
Non-public information that should be redacted before recording.
66
What are common forms of property description?
Government survey, metes and bounds, lot/block, and address.
67
What is a metes and bounds description?
A property description using direction and distance from a starting point.
68
How do you describe a numbered section?
By township, range, and section number.
69
Why is the commencing point important in metes and bounds?
It determines how the boundaries are traced.
70
What is a notarial testament?
A will in authentic form signed before a notary and witnesses.
71
Can a community property regime affect succession?
Yes, it determines what portion is separate or shared.
72
Does a notary have a role in succession?
Yes, especially in preparing affidavits, wills, or authentic acts.
73
What are common reasons a notarial testament can or will be declared invalid?
-Improper form -lack of capacity of testator -representative or agent executed testament -two testators on same will -bottom of each page not signed by testator (even if double-sided) -improper attestation clause (incl. wrong one for blind, deaf, illiterate, etc.) -attestation clause not individual to testator, -no date (or uncertain/inconsistent dates that can't be fixed by extrinsic evidence) -designating a 3rd party power to dispose of property -testament written in language not understood by all involved, improper witnesses (e.g. under 16; or blind; or deaf but only if testator is blind or illiterate); but not necessarily that witness is spouse, legatee or notary -signed in improper order: must be testator, witnesses, then notary -witness not present at signing by testator
74
What’s unique about recordation in Orleans Parish?
Orleans maintains separate offices for conveyance and mortgage records, unlike other parishes that combine both.
75
What statute mandates separate record books in Orleans Parish?
La. R.S. 35:199 "In Orleans Parish, the notarial acts... shall be filed in either the conveyance or mortgage office depending on the nature of the act."
76
What’s the purpose of maintaining separate indices and books in Orleans?
To preserve clarity between ownership records (conveyance) and liens/encumbrances (mortgage).
77
Under La. R.S. Title 35, what is the clerk’s duty regarding recordation?
To file, index, and maintain a public record of instruments received, typically by grantor and grantee names.
78
Can recordation be refused for lack of proper form?
Yes. If an instrument does not meet formal requirements (e.g., no signatures, improper acknowledgments), recorders can reject it.
79
Is electronic filing allowed?
Yes. Many parishes, including Orleans, accept e-recordings under R.S. 35:200.1 et seq.
80
In Orleans Parish, how are public records organized?
Into separate Conveyance and Mortgage offices (La. R.S. 35:199).
81
What is the purpose of the Orleans Parish document transaction tax (Form R-132)?
It applies to recorded property sales and must be filed with the Department of Revenue.
82
What is a "procès verbal" and where is it commonly used?
A formal inventory of property for successions, commonly used in Orleans Parish.
83
How are names usually listed in documents recorded in Orleans Parish?
In surname-first format (e.g., SMITH, JOHN). In regard to the wife's name, maiden name precedes married name.
84
What details about married couples must be included in acts in Orleans Parish?
Both full names, marital status, and marital regime (community or separate).
85
What must be done if a business is operating under an assumed name in Orleans Parish?
The assumed name must be recorded in the conveyance records.
86
What parish still uses notarial protests for dishonored negotiable instruments like bad checks?
Orleans Parish, often through deputized notaries.
87
What is required for attachments to acts recorded in Orleans Parish?
They must be referenced in the act, and often initialed or paraphed for identification.
88
What 4 things can't be done by POA or mandate?
Testament, affidavit, marriage, and adult adoption.
89
When does usufructs terminate?
At death of usufructuary (natural person), at remarriage (surviving spouse), ordinarily (but testator can extend), when grant says so, if earlier than death, in 30 years or end of juridical person (if juridical person).
90
What are some authentic acts that also use affidavit form?
Act of Correction (for immovable), affidavit of immobilization of a movable, declaration of dispensation from collation

LA Notary Exam Prep (3 decks)

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