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Louisiana Notary Exam Part 1, Louisiana
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Pact de non Alienando - ANSWER-Clause contained in the mortgage or other encumbrance agreement whereby the obligor agrees not to sell, engage, alienate or mortgage the same property to other persons to the prejudice of the mortgage Corporate Resolution - ANSWER-An official written certificate of the corporations secretary that the resolution was adopted by the corporations board of directors Confession of Judgment - ANSWER-A person's agreement in a mortgage to the entry of judgment if he defaults on the obligation secured by the mortgage 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 Relative Simulation - ANSWER-When the parties intend that their contract shall produce effects between them though different from those recited in their contract Absolute Simulation - ANSWER-When the parties intend that their contract shall produce no effects between them. That simulation, therefore, can have no effects between the parties Counterletter - ANSWER-Separate writing expressing the true intent of the parties rather than the intent purported to be manifested in another instrument not binding on third parties unless recorded. Donation intre vivos - ANSWER-"Act of Donation" of immovable property, like a sale, is a familiar contract to notaries. A contract by which a person, the donor gratuitously divests himself at present and irrevocably of the thing given in favor of another, the done, who accepts. it. Exchange - ANSWER-A contract whereby each party transfers to the other the ownership of a thing other than money Sale with a right of redemption - ANSWER-"vente a remere'" is a sale in which the vendor reserves the right to take back the property sold from the vendee. ** Seldom used** Dation in Paiement - ANSWER-An act in which a debtor transfers ownership of a thing to his creditor in payment of a debt. "giving in payment"
Bond for Deed - ANSWER-A contract to sell real property, in which the purchase price is to be paid by the buyer to the seller in installments, and in which the seller, after payment of a stipulated sum, agrees to deliver title to the buyer. Title is not transferred until the purchase price is paid in full. It is a contract to sell, not a contract OF sale. Vendor's Privilege - ANSWER-A seller is said to possess this against the real estate sold for any part of the purchase price that is not paid. Such privilege must be recorded to affect any third persons. The method used to preserve this privilege is the recording of the credit sale or act of vendor's lien showing that the full purchase price has not been paid. Vendee - ANSWER-Purchaser Vendor - ANSWER-Seller Credit Sale - ANSWER-Sale is "owner-financed". The full purchase price is not paid to the vendor at the act of sale but rather that the vendee is indebted to the vendor for all or part of the purchase price Cash Sale - ANSWER-A conveyance act whereby the vendor (seller) conveys, ordinarily with warranty of title, the immovable in exchange for the price paid in money by the vendee (purchaser) Quitclaim Deed - ANSWER-An instrument in which the grantor transfers, relinquishes and or quits any claim he may have in a thing Compromise - ANSWER-A settlement or agreement between parties Meridian Line - ANSWER-The lines that run north and south when surveying property La. Base line - ANSWER-The lines that run east and west when surveying property Township lines - ANSWER-Parallel to each base line and running east-west at six mile intervals Township - ANSWER-The intersection of the range lines and township lines within the four quadrants established by the intersection of these meridians and the base line creates a series of six-mile-by-six-mile squares know as these Plat - ANSWER-A plan or map, as of land St. Helena Meridian - ANSWER-The meridian running north and south that governs east of the Mississippi river "per aversionem" - ANSWER-When property is described from boundary to boundary
Promissory Note - ANSWER-Writing evidencing the existence of a debt in which the obligor promises to pay a stated amount on a date certain Privilege - ANSWER-A security interest in property that arises by operation of law and which is often not recorded Reinscription - ANSWER-A legal procedure for renewing a lien or mortgage Confusion - ANSWER-When the qualities of obligee and obligor are united in the same person the obligation is extinguished. Ex. A predial servitude is extinguished by this when the dominant and the servient estates are acquired in their entirety by the same person Negotiable Instrument - ANSWER-A document guaranteeing the payment of a specific amount of money, either on demand or at a set time with the payer named on the document Inscription - ANSWER-The entry of a mortgage, lien, or other document at large in a book of public record Matrimonial Regime - ANSWER-This is a system of principles and rules governing the ownership and management of the property of married persons as between themselves and toward third persons Legal Regime - ANSWER-The community of acquets and gains. In this regime the property of married persons comprises the property they acquire and the natural and civil fruits and the revenues attributable to that property Contractual Regime - ANSWER-separate property Separate Property - ANSWER-Property acquired by one spouse with his separate things, property acquired by inheritance and property donated to an individual spouse Community Property - ANSWER-Property that comprises the community of acquets and gains. Property acquired during legal regime Prenuptual Agreement - ANSWER-Matrimonial agreement "separate property". Agreement written and created by two people before they are married. Typically lists all of the property each person owns and specifies what each persons property rights will be after the marriage Antenuptual Agreement - ANSWER-same as Prenuptual Agreement Covenant Marriage - ANSWER-A marriage entered into by a man and woman after the parties have received premarital counseling and under an agreement that provides that
divorce may not be sought unless a complete total breach of the covenant commitment has occurred Contract - ANSWER-An agreement that involves at least two persons whereby obligations are created, modified or extinguished Obligation - ANSWER-A legal relationship whereby a person, called the obligor, is bound to render a performance in favor of another, called the obligee Obligor - ANSWER-The person bound to render a performance in favor of another Obligee - ANSWER-The person who is the recipient of the obligation of another Real Obligation - ANSWER-A duty correlative and incidental to a real right Conditional Obligation - ANSWER-An obligation dependent on an uncertain event Nominate Contract - ANSWER-Contracts given a special designation such as sale, lease, loan or insurance. Ex. donation, sale, etc. Innominate Contract - ANSWER-Contracts with no special designation Capacity - ANSWER-A legal qualification including age and other factors. Parties, unless emancipated, must be 18 years of age to contract. Witnesses to most instruments must be 14. Witnesses for wills must be 16 Consent - ANSWER-A contract is formed by _________ of the parties established through offer and acceptance Cause - ANSWER-The reason why a party obligates himself Performance - ANSWER-Fulfillment of one's obligations required by contract Object - ANSWER-A particular thing Assumption - ANSWER-The act of taking possession of something. However, the obligor remains liable for performance of the obligation unless the oblige formally releases the original obligor Subrogation - ANSWER-The substitution of one person to the rights of another and may be conventional or legal Suretyship - ANSWER-The agreement of a person who obligates himself to a creditor of another to pay the debt if the debtor fails to pay the creditor Null - ANSWER-of no validity or effect
Gratuitous - ANSWER-(a) An act that is lacking in good reason or is unwarranted. (b) Something given or done that is voluntary or free of charge Notarial Act - ANSWER-An individual belonging to the notary exercising his official authority. The authentication of a document is guaranteed by the placement of the notarial seal on it Absolute Nullity - ANSWER-A contract that violates a rule of public order Venue Clause - ANSWER-The specific forum that any litigation resulting from that contract will be conducted. "The state and parish venue the act is executed" Heading or Caption - ANSWER-The standardized heading of a legal instrument, such as a motion or a complaint, which sets forth the names of the parties in controversy, the name of the court, the docket number, and the name of the action Preamble - ANSWER-An introductory statement to something which explains the purpose and/or objectives of the document or instrument Interdict - ANSWER-A person above the age of majority who is 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 Appearer - ANSWER-A person who goes before an official authorized to administer oaths, take acknowledgements, or make authentic acts and who makes a declaration, executes or acknowledges an instrument of writing Tutor/Tutrix - ANSWER-The legal guardian of a minor after the termination of parental authority by divorce or death Emancipation - ANSWER-The act of conferring some or all of the effects of majority on a minor Executor/Executrix - ANSWER-A succession representative designated in a will to administer an estate. Also administrator Self Proving Act - ANSWER-An authentic act is this, meaning that it is presumed to be valid upon its face, and as such, it constitutes admissible evidence of its content without further proof Authentic Act - ANSWER-This is 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. The typed or hand printed name of each person shall be placed in a legible form immediately beneath the signature of each person signing the act.
Act Under Private Signature - ANSWER-An act signed by the parties not before a notary public or other officer authorized to perform that function, and not necessarily witnessed. Acknowledged Act - ANSWER-An authenticated private act. It is referred to in the Civil Code as an "act under private signature duly acknowledged" Oath - ANSWER-A solemn promise. A solemn promise to faithfully perform the duties of a public office or of another position of fiduciary responsibility imposed by law or a solemn promise that a declaration made is the truth Affidavit - ANSWER-A unilateral juridical act. A written statement, or declaration, made under oath before a notary or other official authorized to administer an oath, and signed by the affiant and the officer Affiant - ANSWER-One who makes an affidavit Servitude - ANSWER-A charge or burden upon a thing, usually an immovable, for the benefit of another person or another estate Predial Servitude - ANSWER-A charge on a servient estate for the benefit of a dominant estate. The two estates must belong to different owners Personal Servitude - ANSWER-A charge on a thing for the benefit of a person Ex. "usufruct, habitation, rights of use" Ususfructuary - ANSWER-The person to whom a usufruct is granted Usufruct - ANSWER-A real right of limited duration on a property of another Consumables - ANSWER-Those things that cannot be used without being expended or consumed or without their substance being changed such as money, harvested agriculture products, stocks of merchandise, foodstuffs, and beverages Nonconsumables - ANSWER-Things that may be used without alteration of their substance or without being consumed or expended. Ex. " land, houses, animals, furniture and cars" Naked Owner - ANSWER-Owner of property burdened with a usufruct Renunciation - ANSWER-The express or tacit abandonment of a right without transferring it to another 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
Donative Intent - ANSWER-There must be clear expression that the property is being given gratuitously by the donor and that the donor is devesting himself of the property without any recompense Forced Portion - ANSWER-That portion of a decedents estate that the law reserves to him by right, called the legitime, unless the decedent has just cause to disinherit him Revocation of a Donation - ANSWER-A donation inter vivos may be revoked only on account of ingratitude of the donee Prohibited Substitution - ANSWER-Every disposition not in trust by which the donee is charged to preserve and then give a thing to a third person at the death of the donee is null as this Absolute Nullity - ANSWER-A contract that violates a rule of public order Forced Heirship - ANSWER-Descendants of the first degree (children) who at the time of the death of the decedent are 23 years of age or under, or of any age who because of mental in capacity or physical infirmity is permanently incapable of taking care of his person or to administer his estate at the parents death Disposable Portion - ANSWER-The portion of a testator's property which he can will to anyone he chooses Remunerative Donation - ANSWER-Made to compensate for services rendered. "Since you took care of me while I was sick I want to give you my house" Onerous Donation - ANSWER-A donation conditioned upon the performance of a stipulated condition. "If you take care of me until I die I will give you my house" Gratuitous Donation - ANSWER-Made without condition on the donee. "Because of my love and affection for you" Testator - ANSWER-The person who makes a will Donor - ANSWER-One who gives or donates Donee - ANSWER-One who receives a donation or gift. The thing given in favor of another that accepts it is this Testament - ANSWER-Will; donation mortis causa Donation mortis causa - ANSWER-At death or will (testament). An act to take effect at the death of the donor by which he diposes of the whole or a part of his property. Revocable during the lifetime of the donor. Ambulatory (can be changed)
Donation inter vivos - ANSWER-Given while alive. Contract by which a 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 - ANSWER-a gift; something given Acquisitive Prescription - ANSWER-A mode of acquiring ownership or other real rights by possession for a certain period of time Possession - ANSWER-The detention or enjoyment of a corporeal thing, movable or immovable that one holds or exercises by himself or by another who keeps or exercises it in his name Ownership - ANSWER-The right that confers on a person direct immediate and exclusive authority over a thing Incorporeal Movable - ANSWER-Rights, obligations and actions that apply to a movable thing are incorporeal movables Corporeal Movable - ANSWER-Things, whether animate or inanimate, that normally move or can be moved from one place to another Partition in Kind - ANSWER-A legal division of real or personal property in equal portion Partition in Licitation - ANSWER-The division of property by sheriff's sale where the funds are then distributed among the owners by the share of ownership in the original property Lesion - ANSWER-Also referred to as "lesion beyond moiety". The sale of an immovable may be rescinded for lesion when the price is less than one-half of the fair market value of the immovable Ownership in Indivision - ANSWER-Ownership of the same thing by two or more persons which is not divided or segregated into separate portions Extrajudicial - ANSWER-That which is done, given or effected outside the course of regular juridical proceedings Accessory Thing - ANSWER-A corporeal movable that serves the use, ornament or complement of the principal thing Principal Thing - ANSWER-That thing which is the most valuable or if they are close in value, the bulkier of the things
Public Trust Doctrine - ANSWER-The idea that public things are held in trust by the state for public use Movable - ANSWER-Things whether animate or inanimate that normally move or can be moved from one place to another Dereliction - ANSWER-Formed by water receding imperceptibly from a bank of a river or stream. The owner of the land situated at the edge of the bank left dry owns it. Sale - ANSWER-A contract whereby a person transfers ownership of a thing to another for a price in money Nominate Contract - ANSWER-A contract given a name or special designation. Ex. sale, lease, loan Perfect a Sale - ANSWER-Completion. When ownership is transferred between parties as soon as there is an agreement as to the thing and price Redhibitory Defects - ANSWER-A defect that renders a thing wholly or partially useless such that it must be presumed the purchaser would not have bought the thing had he known of the defect Transferee - ANSWER-Person receiving transfer of property Transferor - ANSWER-Person transferring ownership to person receiving it Lease - ANSWER-A bilateral contract by which one party agrees to give to the other party the use and enjoyment of a thing for a term in exchange for rent the lessee agrees to pay Lessee - ANSWER-Person receiving use of a thing by paying rent Lessor - ANSWER-Person giving use of a thing and receiving the rent Rent - ANSWER-Money commodities, fruits received for use of something Fixed Terms - ANSWER-Indeterminate when the parties agree that the lease will terminate at a designated date or upon the occurrence of a designated event Indeterminate Term - ANSWER-Fixed Term True Lease - ANSWER-Where the lease of a movable is not a financed lease (or rental- purchase lease) Financed lease - ANSWER-A secured transaction in favor of the lessor
Co-sureties - ANSWER-more than one surety Ordinary Suretyship - ANSWER-One that is not a commercial or legal suretyship Legal Suretyship - ANSWER-A suretyship given pursuant to legislation, administrative act or regulation, or court order Commercial Suretyship - ANSWER-The surety is engaged in a surety business. The principal obligor or the surety is a business, corporation, partnership, or other business entity Principal Debtor - ANSWER-The person obligated to a creditor Guaranty - ANSWER-guarantor Guarantor - ANSWER-the surety guarantees the performance of the debtor Surety - ANSWER-guarantor Conditional Procuration - ANSWER-A procuration conditioned upon the disability of the principal. Not effective until the principal becomes disabled Representation - ANSWER-The authority of one person to represent another person in legal relations Mandate - ANSWER-A contract that confers authority on another person (mandatory) to transact one or more affairs for the principal. * Not required to be in writing Procuration - ANSWER-A unilateral juridical act that confers authority on another person, the representative to represent the principal in legal relations. ** is in writing Mandatory - ANSWER-The person that a mandate confers authority onto to transact one or more affairs for the principal Putative - ANSWER-assumed; supposed Abstract - ANSWER-A history of the title to property as revealed by the public records Acceleration Clause - ANSWER-Clause used in an installment note and mortgage which gives the lender the right to demand payment in full upon the happening of a certain event, such as failure to pay an installment by a certain date, change of ownership without the lender's consent, destruction of the property, or other event which endangers the security of the loan.
Attorney in Fact - ANSWER-Agent Bequest - ANSWER-A disposition of property made by a testator Bill of Sale - ANSWER-Instrument translative of title of movable property Bond - ANSWER-A guarantee of indemnity by any person, usually an insurance company; or giving security for another Louisiana's Notary - ANSWER-Is a civil law notary, though many of the traditional functions of the civil law notary have been eroded in La. due in large part to the encroachment of the common law. Union International du Notariat Latin - ANSWER-International professional organization for the study of problems shared by the notarial profession, which includes France, Spain, Italy and most Latin American countries. Civil law jurisdictions notary hare the following common elements: - ANSWER-(a) notaries are lawyers who perform quasi-public functions, and they are required to go through rigorous professional training before they are allowed to practice. (b) in accordance with the intentions expressed by their clients, notaries confer authenticity to the declarations made by the parties to a particular legal transactions. (c) notaries provide their deeds or instruments with a fixed date (date certain), and keep the originals of the deeds or instruments prepared by them in their custody. (d) notaries are charged with determining the marketability of title to land. The Law of 25 Ventose Year XI (1803) defined French notaries as: - ANSWER-Officers publics in charge of receiving all actes required to be executed in authentic form. They were also charged with establishing the dates on which those acts were executed, preserving those acts in their custody, and issuing certified copies of them. Mexican Ley del Notariado - ANSWER-Describes the function of the notary thus: A notary is a member of the legal profession vested by the state with public authority and faith. Notary "public official" - ANSWER-The office of the notary is independent of any branch of government and is unrelated to functions which are handled by the public bureaucracy. It flows from his license to practice as a notary. Mexican Notarial License - ANSWER-Applicant has to be of 25 yrs. old and no older than 70 yrs. old; Mexican by birth; and must be a lawyer with eight months of uninterrupted practice in a notarial office prior to filing the application for the licensing test. Notary as a multiparty counselor - ANSWER-The desirability of independent and aggressive legal counsel to assist each party to a residential purchase transaction.
Civilian notary - ANSWER-Trusted non-judicial peacemaker of the parties to a transaction, high responsibility which generations of notaries have faithfully discharged. Authentic Act - ANSWER-The document must be executed in the form of a protocol and protected against alterations by being kept at the office of the notary or other public office. Authenticity - ANSWER-The attestation of a fact by a public authority whose declaration is conclusive without further verification of the writing until impeached for falsity. The authentic act is full proof of the acts performed by the notary and the events which are mentioned as having taken place in his presence and the presumption of truth attached to those facts can only be rebutted by a judicial impeachment. Authentic Act - ANSWER-Confers a "fixed date" (date certain, or fecha cierta), whereas a private document cannot prove the date on which it was executed unless that date is rendered certain by the death of one of the parties or the recordation of the document or its deposit with an administrative or judicial authority. Protocol or Minute - ANSWER-The original authentic act. The Authentic Act of sale - ANSWER-Contains an introductory statement indicating that the person appearing before the notary is known by him. Property - ANSWER-The object of the sale or mortgage. Authentic Act of Conveyance - ANSWER-Must be signed by the parties to the act and then by the notary. Notary role includes the duty to verify that state and local taxes arising from the transaction have been paid. Islamic Law - ANSWER-Addressing these systems in reverse order, Islamic law is a quasi-religious system based on the teachings of the Koran. It is, in effect, a thorough integration of religious belief and the secular state. Socialist law - ANSWER-A socialist legal system is, understandably enough, a legal system that incorporates the fundamental precepts of socialism in its substantive law. (by "substantive law," I am referring to the actual rules that govern the society, rather than the rules of legal procedure, which govern the operation of the legal system.) Common Law - ANSWER-Denotes a system of law that derives from the common law of England. This system forms the basis of the law used in most of the English speaking world and every state of the United States except Louisiana. October 1, 1800 - ANSWER-France legally regained Louisiana. November 30, 1803 - ANSWER-France took possession of Louisiana
Courts of Appellate Jurisdiction - ANSWER-Decisions of a district or city court may be appealed to an appellate court by Courts of Appeal or the Louisiana Supreme Court. Courts of Appeal - ANSWER-5 state appeals courts. Have appellate powers over the trial courts. They hear both civil and criminal felony appeals from the district and city courts with exception of death penalty cases and cases in which laws have been declared unconstitutional. Misdemeanor criminal convictions - ANSWER-Reviewed under the supervisory jurisdiction of the court. Supervisory jurisdiction of a court - ANSWER-The power to supervise a lower court to ensure the court is applying the law correctly, separate and apart from review on appeal. Courts of Appeal 5 Circuits - ANSWER-1st Circuit Court of Appeal-Baton Rouge; 2nd CC of Appeal- Shreveport, LA; 3rd CC of Appeal-Lake Charles; 4th CC of Appeal-New Orleans; 5th CC of Appeal-Gretna. 1st Circuit Court of Appeal - ANSWER-Baton Rouge- south central and Florida parishes. 2nd Circuit Court of Appeal - ANSWER-Shreveport- Northernmost 20 parishes. 3rd Circuit Court of Appeal - ANSWER-Lake Charles - Central and Southwestern parishes. 4th Circuit Court of Appeal - ANSWER-New Orleans - Orleans, Plaquemines, and St. Bernard Parishes. 5th Circuit Court of Appeal - ANSWER-Gretna - Jefferson, St. Charles, St. James, and St. John Parishes. Supervisory jurisdiction - The La. Supreme Court - ANSWER-The La. Supreme Court is composed of 7 justices who sit in 1 panel. This court has supervisory and appellate jurisdiction over all state courts in La. It also exercises original jurisdiction over attorneys practicing in La. Longman v. Plaquemines Parish Notarial Commission, 570 So.2d 452 (La.App. 4th Cir.1990). - ANSWER-The purpose of the notarial examination is to test the knowledge of the applicant with regard to [the laws governing his office and the exercise of authorized notarial functions] in orders to determine his ability to carry out the duties of a notary. Civil Code - ANSWER-Compilation of civil laws that govern the legal capacity of persons; the contract of and effects of marriage; grounds for divorces; the classification
of children and parental authority; the acquisition, ownership, use, disposition, or donation of things and property; conventional obligations; contracts; and the resolution of a conflict of laws. Many of these laws are supplemented by the La. Revised Statues. Justice Charles E. Fenner - ANSWER-The most precious heritage which we have received from our ancestors is that incomparable body of systemized law which we call the Civil Code of La. 1904 stated 3 fundamental principles that the legislative powers of government should be separate; law should be in text form; citizen is required to know the law. Preliminary Title - ANSWER-3 chapters defining general principles of law and the interpretation of laws. Book I - Of Persons - ANSWER-Covers types of persons, domicile, absent persons, husband and wife, divorce, parent and child, minors and their tutorship and emancipation, and persons unable to care for their persons or property. Book II - Of Things and the Different Modifications of Ownership. - ANSWER-Covers things, ownership, servitudes; and boundaries. Book III - Of the Different Modes f Acquiring the Ownership of things. - ANSWER- Covers successions, donations, obligations, contracts, matrimonial regimes, sale, exchange, lease, rents, partnerships, loan, deposit and sequestration, representation and mandate, suretyship, pledge, privileges, mortgage, prescription (statutes of limitation), and more. Revised statutes - ANSWER-Statutes of a general nature compiled into 56 titles arranged alphabetically by topic from Aeronautics to Wildlife and Fisheries. Title 9 - Civil Code Ancillaries - ANSWER-Contains expanded substantive law for specific situations on matters covered generally in the Civil Code. Its content is generally arranged parallel to the books, Titles, and chapters of the Civil Code. Includes La. Trust Code (R.S. 9:1721-250; statutes governing requirements for registry of transactions involving immovable, leases, rents, and secured instruments, military powers of attorney, for provisional custody by mandate, and for certain situations involving partitions, sales, bond-for deed, leases, rental-purchase, and pledge. Title 10 - Commercial Laws - ANSWER-Governs commercial transactions, including negotiable instruments and security interests on movables. Security agreements are incidental to sale or lease transactions, but no longer require appearance before a notary. Title 12 - Corporation Law - ANSWER-Articles of incorporation and amendments to articles must either be acknowledged before a notary or prepared in authentic form. this title also contains statutes pertaining to limited liability organizations and the requirements for their formation.
