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52 Cards in this Set
- Front
- Back
Acknolwedgment
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Formal declaration before a duly authorized officer by a person who has executed an instrument that such is his act or deed
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What knowledge must be possessed by the notary for an acknowledgment?
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The person making the acknowedlgement is the person described in and who executed the instrument
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What is not essential for an acknowledgment?
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That the person who executed the instrument signed.
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Can you take ackowledgments over the phone?
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No - misdemeanor
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Administrator
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Person appointed by the court to manage the estate of a deceased person who left no will
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Affiant
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Person who makes and subscribes his signature to an affidavit
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Affidavit
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Signed statement, duly sowrn to, byt the maker therefore before a notary public or other officer authorized to administer oaths
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What is a requirement of an affiant?
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Needs to personally appear before the notary.
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Difference between acknwoledgment and affidavit?
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Acknolwedgment - notary public certifies to the idenitity and execution of docuemtn; affidavit involves administration of oath of affiant
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Affirmation
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Declaration made by persons who decline takin an oath though it is equivalent and binding
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Apostile
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Department of State authentication attached to a notarized and county-certified document for international use
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Attest
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To witness the execution of a written instrument and suscribe the same as a witness
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Attestation clause
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Clause wherein witnesses certify that the instrument has been executed before them
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Authentication
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Certificate subjoined by a county clerk to any certificate of proof or ackonwledgement or oath signed by notary; it authenticates or v erifies authority of notary public
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Bill of Sale
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Written instrument given to pass title of personal property from vendor to vendee
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Certified Copy
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Copy of public record sign and certified as a true copy by public official having custody of the original
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Chattel
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Personal propery, such as household goods or fixtures
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Chattel Paper
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Evidence both an obligation to pay money and a security interest in a lease or specific goods (security interest is security agreement)
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Codicil
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instrument made subsequent to a will that modifies it in some respects
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Contempt of Court
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Behavriou disrespectiful to court authority which disrupts execution of court orders
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Contract
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Agreement between partis whereby each party acquires a right to what the other possesses
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Conveyance (Deed)
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Every instrument in writing, except will, by which estate or insterest in real property is created, transferred, assigned, or surrendered
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Deponent
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One who makes oath to a writte statement (used interchangeably with Affiant)
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Deposition
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Testimony of a witness taken out of court under oath or by affirmation before notary public or other person - is inteded to be used at trial or hearing
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Duress
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Unlawful constraint exercised upon a personwho whereby he is forced to do some act against his will
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Escrow
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Place of instrument in the hands of a person as depository who on the happening of designated event is to deliver the instrument to a third person
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Executor
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Named in a will to carry out the provision of the will
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Ex Parte
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From one side only
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Felony
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Crime punishable by death or imprisonment in a state prison
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Guardian
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Person in charge of a minor's person or property
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Judgment
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Decree of a court declaring that one individual is indebted to another and fixing the amount of such indebtedness
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Jurat
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Part of an affidavit where officer (notary public) certifies that it was sown to before him
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What is the jurat not?
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The affidavit
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Laches
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Delay or negligence in asserting one's legal rights
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Lease
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One who is entitled to possession of real property transfers such right to another
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Lien
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Legal right or claim upon specific property which attaches to the property until a debt is satsified
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Litigation
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Act of carrying on a lawsuit
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Misdemeanor
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Crime other than a felony
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Mortgage on Real Property
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Instrument in writing that creates a lien upon real estate as security for the payment of a specified debt, usually in a bond
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Notary Public
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Public officer who executes acknowledgmentso f deeds or witings, administers oaths and afirmations, affidavits
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How must the person taking oath appear?
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In person
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Plaintiff
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Person who starts a suit or brings an action against another
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Power of Attorney
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Written statement by individual giving another person the power to act for him
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Proof
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Formal declaration made by a subscribing witness to the execution of an instrument - knew the person described, saw them execute, setting forth place of residence
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Protest
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Formal statement in writing that a certain bill of exchange or promissory note was presented for payment and that payment was refused
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Seal
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Only requirement is name and "Notary Public for the State of New York"
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Signature
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Beneath signature, Notary Public State of New York, name of county and date commission expires
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Statute
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Law establisehd by act of the Legislature
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Statute of Frauds
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Law that provides that certain contracts must be in writing or partially complied with in order to be enforceable at law
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Statute of Limitations
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Limits the time within which a criminal prosecution or civil action must be started
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Venue
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Geographical place where notary puclic takes an affidavit or acknowledgment
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Will
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Deposiiton of one's property to take effect after death
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