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Louisiana Notary Exam 2025 /2026 Questions and
Answers (GRADED A+)
Civil Law - ANSWER-System of law derived from Roman Law; court decisions DO NOT establish state law; on the Legislature enacts state laws Common Law - ANSWER-System of law derived from England; court decisions can lead to future laws and precedents Commission - ANSWER-an instruction, command, or duty given to a person or group of people. Legal Capacity - ANSWER-The ability to contract; not to be a minor and of sound mind and body Immovable - ANSWER-Land and its improvements thereon Mandate - ANSWER-Transaction in which a person confers authority on another i.e. power of attorney Partition - ANSWER-Legal procedure to divide the co-owners' interests in real property Jurisdiction - ANSWER-the power to adjudicate or handle a particular kind of case Apostille - ANSWER-an addition, a marginal note or observation de jure Notary - ANSWER-- french for "of law"
- an official who holds his office by law & who is possessed of all lawfully necessary qualifications for office de facto Notary - ANSWER-commissioned notary with some violation of qualifications that has suspended the notary's rights to perform his/her duties and responsibilities; i.e. failure to maintain a surety bond or file annual reports for example Misfeasance - ANSWER-improper performance of a lawfully authorized official act Malfeasance - ANSWER-misconduct or wrongdoing, especially by a public official Dereliction of Duty - ANSWER-With negligent disregard for proper performance
Interdicts - ANSWER-persons above the age of majority who are declared by a court to be incapable of either caring for his own person or administering his estate, or both, although he may at times appear to have possession of his reason Property Bond - ANSWER-a special mortgage on immovable property in the parish of the notary's commission Public Office - ANSWER-any state, district, parish or municipal office, elected or appointed, or any position as member on a board or commission, elected or appointed, when the office or position is established by the constitution or laws of this state Public Officer - ANSWER-any person holding a public office in this state Ministerial - ANSWER-Acts performed by the notary as a service for a fee and not as a governmental function Paraphing - ANSWER-the notation on a document to mark it for identification with another act Ownership - ANSWER-The right that confers on a person direct immediate and exclusive authority over a thing Corporeal - ANSWER-things that have a body and can be touched or felt Incorporeal - ANSWER-things that do not have a body and cannot be touched or felt Seashore - ANSWER-the space of land over which the waters of the sea spread in the highest tide during the winter season. Naked ownership - ANSWER-Bundle of rights formerly called abusus, ownership is burdened by a usufruct Resolutory Condition - ANSWER-A condition of an obligation providing that upon the occurrence of a particular uncertain event the obligation will come to an end Possessor - ANSWER-Owner of the thing he possesses until the right of the true owner is established Quasi Possession - ANSWER-Exercising a real right, such as a servitude Dereliction - ANSWER-land formed by water receding imperceptibly from the bank of a river or stream; owner of land on the edge of the bank left dry owns the dereliction. Alluvion - ANSWER-Accretion (growth) formed successively and imperceptibly on the bank of a river or stream, whether navigable or not
Servient Estate - ANSWER-The tract of land burdened by a servitude or an easement. Predial - ANSWER-Pertaining to or consisting of land or its products arising from or consequent upon the occupation of land; attached to land Predial Servitude - ANSWER-that which one estate owes to another estate; when related to lands, vineyards, gardens or the like, it is called rural; when it is related to houses and buildings it is called urban Donation inter vivos - ANSWER-a contract by which a living person, called the donor, gratuitously divests himself, at present and irrevocably, of the thing given in favor of another, called the donee, who accepts it Donation mortis Causa - ANSWER-gift in a will Expressly - ANSWER-(adv.) plainly, in so many words; for a particular purpose Tacitly - ANSWER-Not expressed, but understood from the nature of the thing or from provision of law Mandatary - ANSWER-Person to whom a power of attorney has been given to act as attorney in fact for another Acquets and gains - ANSWER-A civilian concept referring to the matrimonial regime of community property; acquets means all things acquired, gains is the increase in the value of property through the skill or labor of a person , particularly a spouse See C.C. art. 2338 Declarant - ANSWER-a person who makes a declaration, either in or out of court Onerous Title - ANSWER-Title to property that is acquired through the labor or skill of a spouse & is included in community property Concurrence - ANSWER-in agreement with another Solidary - ANSWER-Existing jointly and severally; being a party to solidary obligation Heritable obligation - ANSWER-When the performance of a contract may be enforced by a successor of the obligee or against the successor of the obligor Strictly Personal Obligation - ANSWER-When the performance of an obligation can be enforced only by the obligee or only against the obligor Conditional Obligation - ANSWER-An obligation that is dependent upon the occurrence of an uncertain event.
Real Obligation - ANSWER-A duty correlative and incidental to a real right Conventional Subrogation - ANSWER-Occurs under contacts of suretyship and with regard to the payment of a claim by an insurer. Legal subrogation - ANSWER-Legal subrogation takes place in five situations:
- When one obligee pays another obligee with superior rights;
- When a purchaser of property uses the purchase money to pay a creditor with a real right to the property;
- When an obligor who owes a debt with others pays that debt and has recourse against those other obligors on account of the payment. (However, the LASC has held that this principle is not applicable with regard to insurer and the insured's cause of action against a tortfeasor);
- When a successor pays an estate debt with his own funds;
- When the law provides for legal subrogation. Unilateral Contract - ANSWER-party who accepts the obligation of the other does not assume a reciprocal obligation; contains only one promise Bilateral or synallagmatic contract - ANSWER-when parties obligate themselves reciprocally so the obligation of each party is correlative to the obligation of the other Onerous contract - ANSWER-Each party obtains an advantage in exchange for his obligation. Gratuitous Contract - ANSWER-A contract is this when one party obligates himself towards another for the benefit of the latter, without obtaining any advantage in return Commutative Contract - ANSWER-The performance of the obligation of each party is correlative to the performance of the other. Aleatory Contract - ANSWER-a contract where the values exchanged may not be equal but depend on an uncertain event Principal and Accessory Contracts - ANSWER-made to provide security for the performance of an obligation; ex: suretyship, mortgages, pledges and other security instruments Capacity, Consent, Certainty (Object), Cause - ANSWER-4 C's of a Contract
Redhibitory - ANSWER-A situation where it is possible to annul a sale, with the return by the buyer of the article sold, on account of some defect Affirmative Servitude - ANSWER-give a right to the owner of the dominant estate to do some act upon the servient estate, such as a right of way or drainage Negative Servitude - ANSWER-One that prohibits the owner if the servient estate from doing some act upon his estate that will benefit the dominant estate in some way. Apparent Servitude - ANSWER-Those that are perceivable by exterior signs, works, or constructions such as a roadway, a window in a common wall or an aqueduct Nonapparent Servitude - ANSWER-Those that have no exterior sign of their existence; such as the prohibition of building on an estate or of building above a particular height Synallagmatic contract - ANSWER-Bilateral; A contract in the civil law where reciprocal obligation exists; each party to the contract is bound to provide something to the other party Reconduction - ANSWER-a lease is presumed to continue after the expiration of its term if the lessee remains in possession and continues to make payments Expropriation - ANSWER-private property taken by the state for public use Fortuitous Event - ANSWER-An event that at the time the contract was made could not have been reasonably foreseen. Juridical Person - ANSWER-An entity to which the law attributes legal personality, such as a corporation. Usufructuary - ANSWER-person granted the use and fruits of an estate Novation - ANSWER-Substituting a new obligation for an old one or substituting new parties to an existing obligation. Injunctive - ANSWER-a judicial process or order requiring the person or persons to whom it is directed to do a particular act or to refrain from doing a particular act. Procuration - ANSWER-unilateral juridical act where a person, the principal, confers authority on another, the representative, to represent the principal in legal relations. May be conditional on disability. Agency - ANSWER-the principles of representation unilateral - ANSWER-promise for performance
bilateral - ANSWER-promise for a promise Authentic Act - ANSWER-A writing executed before a notary public or other officer authorized to perform that function, in the presence of two witnesses, and signed by each party who executed it, by each witness, and by each notary public before whom it was executed. Interdiction - ANSWER-Judicial proceeding whereby a curator is appointed for an adult or emancipated minor who, due to infirmity, is unable to make reasoned decisions regarding his person or property, or both. Putative - ANSWER-(adj.) generally regarded as such; reputed; hypothesized, inferred Suretyship - ANSWER-accessory contract by which a person binds himself to a creditor to fulfill the obligation of another upon failure of the other person to do so. Accessory contract - ANSWER-A contract is accessory when it is made to provide security for the performance of an obligation. Suretyship, mortgage, pledge, and other types of security agreements are examples. Surety - ANSWER-A person, such as a cosigner on a note, who agrees to be primarily responsible for the debt of another. Privilege - ANSWER-A security interest in property that arises by operation of law and which is often not recorded. Ancillary Contract - ANSWER-Having a subordinate, subsidiary, or secondary nature; serving as a supplement or addition confect - ANSWER-To put together by combining curator - ANSWER-A court-appointed guardian who manages the affairs of another incapable of doing so himself. Mortgage - ANSWER-nonpossessory right created over property to secure the performance of an obligation mortgagor - ANSWER-The person who grants a mortgage. Mortgagee - ANSWER-borrower Conventional Mortgage - ANSWER-A mortgage created by a contract between the parties Legal Mortgage - ANSWER-A mortgage arising by operation of law.
Vendor's Lien - ANSWER-The credit sale with mortgage of immovable property (owner financing) Statutory - ANSWER-legal homestead exemption - ANSWER-exemption from liability that prevents creditors from obtaining satisfaction from immovable property which the debtor resides in as his primary domicile; also lowers the property tax on the property Acquittance - ANSWER-Release or discharge from indebtedness, obligation, or responsibility. Vente a Remere - ANSWER-Seller reserves right to take back property from buyer Vendor - ANSWER-the seller Vendee - ANSWER-buyer Executory Process - ANSWER-A proceeding in court in which the holder of a mortgage containing a confession of judgment may obtain an ex parte seizure and sale of the mortgaged property without the ordinary delays required by law. Bench Marker - ANSWER-a marker set in the ground by the government on the boundaries of government property that show the longitude and latitude and location above or below sea level of the spot where the bench marker is placed Plat Book - ANSWER-A book in the Parish Clerk of Courts office where a map or plat of a subdivision may be found, also called a map book mandate - ANSWER-A contract that confers authority on another person to transact one or more affairs for the principal.
