Definitions and General Terms

Question 1

A formal statement before an authorized officer by a person who has executed an instrument that such execution is his act and deed

Answer 1

Acknowledgment

Question 2

A person appointed by the court to manage the estate of a deceased person who left no will.

Answer 2

Administrator

Question 3

The person who makes and applies his signature to an affidavit.

Answer 3

Affiant

Question 4

This is a signed statement, to be sworn to, by the maker thereof, before a notary public or other officer authorized to administer oaths. The venue, or county wherein the ___________ was sworn to should be accurately stated.

Answer 4

Affidavit

Question 5

A serious statement 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 doubt against taking an oath, the notary public should have the person make an __________.

Answer 5

Affirmation/Affirm

Question 6

Department of State authentication attached to a notarized and county-certified document for possible international use.

Answer 6

Apostile

Question 7

Attest

Answer 7

To witness the execution of a written instrument, at the request of the person who makes it, and subscribe the same as a witness.

Question 8

Attestation Clause

Answer 8

That clause (e.g., at the end of a will) wherein the witnesses certify that the instrument has been executed before them, and the manner of the execution of the same.

Question 9

Authentication (Notarial)

Answer 9

A certificate subjoined by a county clerk to any certificate of proof or acknowledgment or oath signed by a notary; this county clerk’s certificate authenticates or verifies the authority of the notary public to act as such. (See §133, Executive Law.)

Question 10

Bill of Sale

Answer 10

A written instrument given to pass title of personal property from vendor to vendor.

Question 11

Certified Copy

Answer 11

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 and other papers required to be filed with foreign consular
officers.

Question 12

Chattel

Answer 12

Personal property, such as household goods or fixtures.

Question 13

Chattel Paper

Answer 13

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.

Question 14

Codicil

Answer 14

An instrument made subsequent to a will and modifying it in some
respects.

Question 15

Consideration

Answer 15

Anything of value given to induce entering into a contract; it may be
money, personal services, or even love and affection.

Question 16

Contempt of Court

Answer 16

Behavior disrespectful of the authority of a court which disrupts the
execution of court orders

Question 17

Contract

Answer 17

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 possesses.

Question 18

Conveyance (Deed)

Answer 18

Every instrument, in writing, except a will, by which any estate or interest
in real property is created, transferred, assigned or surrendered.

Question 19

Deponent

Answer 19

One who makes oath to a written statement. Technically, a person
subscribing a deposition but used interchangeably with “Affiant.”

Question 20

Deposition

Answer 20

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 commissioner before whom such testimony is authorized by law
to be taken, which is intended to be used at the trial or hearing.

Question 21

Duress

Answer 21

Unlawful constraint exercised upon a person whereby he is forced to do
some act against his will.

Question 22

Escrow

Answer 22

The placing of an instrument in the hands of a person as a depository who
on the happening of a designated event, is to deliver the instrument to a
third person. This agreement, once established, should be unalterable.

Question 23

Executor

Answer 23

One named in a will to carry out the provisions of the will.

Question 24

Ex Parte (From One Side Only)

Answer 24

A hearing or examination in the presence of, or on papers filed by, one
party and in the absence of the other.

Question 25

Felony

Answer 25

A crime punishable by death or imprisonment in a state prison.

Question 26

Guardian

Answer 26

A person in charge of a minor’s person or property.

Question 27

Judgment

Answer 27

Decree of a court declaring that one individual is indebted to another and
fixing the amount of such indebtedness.

Question 28

Jurat

Answer 28

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

Question 29

Laches

Answer 29

The delay or negligence in asserting one’s legal rights.

Question 30

Lease

Answer 30

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.

Question 31

Plaintiff

Answer 31

A person who starts a suit or brings an action against another.

Question 32

Power of Attorney

Answer 32

A written statement by an individual giving another person the power to
act for him.

Question 33

Proof

Answer 33

The formal declaration made by a subscribing witness to the execution of
an instrument setting forth his place of residence, that he knew the person
described in and who executed the instrument and that he saw such person
execute such instrument.

Question 34

Protest

Answer 34

A formal statement in writing by a notary public, under seal, that a certain
bill of exchange or promissory note was on a certain day presented for
payment, or acceptance, and that such payment or acceptance was refused.

Question 35

Seal

Answer 35

The laws of the State of New York do not require the use of seals by
notaries public. If a seal is used, it should sufficiently identify the notary
public, his authority and jurisdiction. It is the opinion of the Department of
State that the only inscription required is the name of the notary and the
words “Notary Public for the State of New York.”

Question 36

Signature of Notary Public

Answer 36

A notary public must sign the name under which he was appointed and no
other. In addition to his signature and venue, the notary public shall print,
typewrite or stamp beneath his signature in black ink, his name, the words
“Notary Public State of New York,” the name of the county in which he is
qualified, and the date upon which his commission expires (§137,
Executive Law).

Question 37

Statute

Answer 37

A law established by an act of the Legislature.

Question 38

Statute of Frauds

Answer 38

State law which provides that certain contracts must be in writing or
partially complied with, in order to be enforceable at law.

Question 39

Statute of Limitations

Answer 39

A law that limits the time within which a criminal prosecution or a civil
action must be started.

Question 40

Lien

Answer 40

A legal right or claim upon a specific property which attaches to the property until a debt is satisfied.

Question 41

Litigation

Answer 41

The act of carrying on a lawsuit.

Question 42

Misdemeanor

Answer 42

Any crime other than a felony.

Question 43

Mortgage on real property

Answer 43

An instrument in writing, duly executed and delivered that creates a lien upon real estate as security for the payment of a specified debt, which is usually in the form of a bond.

Question 44

Notary Public

Answer 44

A public officer who executes acknowledgments of deeds or writings in
order to render them available as evidence of the facts therein contained;
administers 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.

Question 45

Oath

Answer 45

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

Question 46

Subordinate clause

Answer 46

A clause which permits the placing of a mortgage at a later date which takes priority over an existing mortgage.

Question 47

Sunday

Answer 47

A notary public may administer an oath or take an affidavit or
acknowledgment on Sunday. However, a deposition cannot be taken on
Sunday in a civil proceeding.

Question 48

Swear

Answer 48

This term includes every mode authorized by law for administering an oath.

Question 49

Taking an acknowledgement

Answer 49

The act of the person named in an instrument telling the notary public that
he is the person named in the instrument and acknowledging that he
executed such instrument; also includes the act of the notary public in
obtaining satisfactory evidence of the identity of the person whose
acknowledgment is taken.
The notary public “certifies to the taking of the acknowledgment” when
the notary signs his official signature to the form setting forth the fact of
the taking of the acknowledgment.

Question 50

Venue

Answer 50

The geographical place where a notary public takes an affidavit or
acknowledgment. Every affidavit or certificate of acknowledgment should
show on its face the venue of the notarial act. The venue is usually set
forth at the beginning of the instrument or at the top of the notary’s jurat,
or official certification

Question 51

Will

Answer 51

The disposition of one’s property to take effect after death.