EXAM 570 QUESTIONS AND CORRECT

Louisiana Notary EXAM NEWEST ACTUAL

EXAM 570 QUESTIONS AND CORRECT

DETAILED ANSWERS (VERIFIED ASNWERS)

ALREADY GRADED A+

Abrogate - CORRECT ANSWER: To annul or repeal a law or pass legislation that

contradicts the prior law, also applies ti revoking or withdrawing conditions of a contract

Absolute Nullity - CORRECT ANSWER: A contract that violates a rule of public order; e.g., the object of the contract is illicit or immoral.

Abstract - CORRECT ANSWER: A history of the title to property as revealed by the public records.

Abusus - CORRECT ANSWER: The right to consume, dispose or or alienate.

Acceleration Clause - CORRECT ANSWER: Clause used in an installment note &

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 with out the lender's consent, destruction of the property, or other event which endangers the security of the loan.

Accession - CORRECT ANSWER: The addition to or increase in value of property by

means of improvements or natural growth. Grants to the owner a things natural and civil fruits.

Accessory Contract - CORRECT ANSWER: When it is made to provide security for the performance of an obligation. Suretyship, mortgage, pledge, & other types of security agreements are examples.

Accessory Thing - CORRECT ANSWER: A corporeal movable that serves the use

ornament or complement the principal thing.

Acknowledged act - CORRECT ANSWER: Any act or instrument in writing signed by

the parties in the presence of two witnesses and then taken by the parties or witnesses before a notary and two witnesses; the original act was signed outside the presence of the notary.

Acknowledgment - CORRECT ANSWER: A formal declaration by a party before a

notary public in the presence of two witnesses by the person who signs an instrument to the effect that it is his own free an voluntary act done for the purposes therein expressed.

Acquisitive Prescription - CORRECT ANSWER: A mode of acquiring ownership of other real rights by uninterrupted possession for a period of time. 1 / 4

Acquittance - CORRECT ANSWER: A release, usually in writing, from an obligation.

Act under private signature - CORRECT ANSWER: Any act or instrument in writing

signed by a person or persons not in the presence of a notary that may or may not be witnessed

Adjucate - CORRECT ANSWER: To hear and settle a case by judicial procedure; to

study and settle a dispute or case; to act as a judge.

Affiant - CORRECT ANSWER: One who makes an affidavit.

Affidavit - CORRECT ANSWER: A declaration or statement of facts personally known to the affiant reduced in writing and sworn to by the affiant before a notary.

Affidavit of correction - CORRECT ANSWER: Executed when there was an error made

on a title or other document, stating & making the correction. This must reference the original document.

Affidavit of Heirship - CORRECT ANSWER: A deceased person's heirs may apply for a certificte of title with this form and DPSMV form 1696 signed by all heirs, legatees, a copy of death certificate or published obituary, a copy of the will if there is one and the Louisiana title & registration.

Affidavit of Non-Purchase & Delivery - CORRECT ANSWER: When a title transfer has already been completed, but for some reason the sale fell through.

Affidavit of Non-Residency - CORRECT ANSWER: States a person's true out of state residency

Affidavit of One & the Same Person - CORRECT ANSWER: When names used on the

documents in a motor vehicle transfer file is inconsistent.

Affirmative Servitude - CORRECT ANSWER: One that gives or grants a right to the

owner of the dominant estate to do some act upon the servient estate.

Agent - CORRECT ANSWER: One who is authorized to act for or represent another

(principal), usually in business matters, whose authority may be express or implied; a representative. Sometimes referred to by common law terms as an "mandatary" or "attorney in fact".

Agreement - CORRECT ANSWER: A contract.

Agreements to Sell or Buy - CORRECT ANSWER: Contracts to transfer ownership

between parties as soon as there is an agreement on the thing and a price is fixed.

• / 4

Aleatory Contract - CORRECT ANSWER: Because of its nature or according to the

parties intent, the performance of either party's obligation, or the extent of the performance depends on an uncertain event.

Alienation - CORRECT ANSWER: To transfer property or a right to the ownership of another especially by an act of the owner rather that y inheritance

Alluvion - CORRECT ANSWER: An increase to the land caused by the buildup of

deposits from running water.

American Civil Law Notariat - CORRECT ANSWER: The new name for NANO

Annual Report - CORRECT ANSWER: Report that is required to be filed once a year no later than 60 days past the commission date. It must be sent to the Secretary of State's office.

Antichresis - CORRECT ANSWER: A pledge of property "when the security given consists in immovables". A written contract by which the debtor pledges the revenues of an immovable to the creditor as a security for a debt. The creditor acquires by contract the antichresis "the right of reaping the fruits or other revenues of the immovable to him given in pledge, on condition of deducting the annually their proceeds from the interest if any due to him and afterwards form the principal of his debt.

Apparent Servitude - CORRECT ANSWER: One that is perceivable, such as a road or a drainage ditch.

Appearance Clause - CORRECT ANSWER: Identifies the parties by their full names,

recites capacity, marital status, parish of domicile, and permanent mailing address of each party appearing in the act.

Appearer - CORRECT 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.

Appellate Jurisdiction - CORRECT ANSWER: The power of a court to review decisions and change outcomes of decisions of lower courts.

Appraisement - CORRECT ANSWER: The process of valuing property; a valuation of

the property by two or more appraisers who are appointed and authorized by a court to place value on designated property as a part of a court proceeding

Appurtenance - CORRECT ANSWER: A right privilege, or property that is considered incident to the principal property for the purposes such as passage of title, conveyance, or inheritance; a thing that is necessarily connected with the use and enjoyment of another thing.

• / 4

Assignment - CORRECT ANSWER: The transfer of a claim, right, interest, or property from one to another; the instrument by which this transfer is effected.

Assumption Deed - CORRECT ANSWER: Obligations may be assumed ; the obligor

however, remains liable for performance of the obligation unless the obligee formally releases the original obligor.

Attest - CORRECT ANSWER: To witness something.

Attorney General's opinion - CORRECT ANSWER: An Attorney General's opinion is an opinion furnished by the U.S. Attorney General to the President or another executive official on a request concerning a question of law. It also refers to a written opinion given by a state attorney general interpreting a legal provision when requested by a public official. Opinions of the Attorney General have advisory effect only. They do not have the force and effect of the law; and is limited to the facts presented by the official or officials requesting the opinion. Further, the opinions may be changed or recalled due to subsequent court decisions and/or legislative enactments. As the chief legal officer of the State, the Attorney General is responsible for rendering opinions to governmental entities and officers only, and not to private individuals.

Attorney in Fact - CORRECT ANSWER: One who is authorized to act for or represent another (principal), usually in business matters, whose authority may be express or implied; a representative. Sometimes referred to by common law terms as an "agent" or "Mandatary".

Authentic Act - CORRECT ANSWER: A writing executed before a notary public or other officer authorized to preform 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.

Authenticity - CORRECT ANSWER: Attestation of a fact by a public authority whose declaration is conclusive without further verification of the writing until impeached for falsity

Baseline - CORRECT ANSWER: East-West reference line.

Bilateral Act - CORRECT ANSWER: Bilateral act refers to an act which involves the consenting wills of two or more distinct parties. For example, a bilateral contract like a sales contract where the seller promises to convey a property and the buyer agrees to pay a specified sum, given certain conditions. Mutuality of obligation must exist in an enforceable bilateral contract.

Bilateral Contract - CORRECT ANSWER: Also called synallagmatic; Is a contract when the parties obligate themselves reciprocally, so that the obligation of each party is correlative to the obligation of the other.

• / 4