EXAM NEWEST ACTUA L EXAM 247

Chapter 1 - 5 Louisiana Notary Guide

EXAM NEWEST ACTUA L EXAM 247

QUESTIONS AND CORRECT DETAILED

ANSWERS (VERIFIED ASNWERS)

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Common function of Notaries - ANSWER-a) perform quasi public functions

• confer authenticity
• provide documents with a fixed date
• determine marketability of title of land

Concepts of Notary as a Public Official - ANSWER-a) charged w/ establishing dates on which those acts were executed

• preserving those acts in their custody
• issuing certified copies of acts
• independent of any branch of government
• free to organize his office as he see fit
• not paid by state but by clients
• allowed to perform services for person outside district as long as executed in district

Functions of Notary as Multi-Party Counselor - ANSWER-1) legal advisor 2) Mediator 3) Conveyancer, does not act on behalf of either party

Authentic Act - ANSWER-1) executed in form of protocol 2) protected against alterations

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.

An authentic act is - ANSWER-1) full proof of the existence of what the notary has seen or heard personally 2) full proof as to the date the parties signed 3) confers fixed date

Notary must attest that they know - ANSWER-1) parties 2) parties legal capacity

Authentic act required for - ANSWER-1) gratuitous contracts 2) transactions involving immovable property 3) marriage settlements 1 / 3

4) many corporate acts

The applicant proves his/her competency to the courts and takes a state administered exam - ANSWER-The non-attorney is commissioned by the State of Louisiana when it's completed

What most documents used in Louisiana court of law must contain? - ANSWER- Signature of civil law notary

What happens when a notary fails to perform his legal duties ? - ANSWER-Disciplinary proceedings in a court of law, possible criminal charges, Civil liability for damages

What are some of the powers of the Civil Law Notary? - ANSWER-Making contracts involving inventories, receiving acknowledgements of acts under private signature, explaining the effect of the notarial act they are receiving

Enumerate two other powers of the Civil Law Notary - ANSWER-executing authentic acts and officiating at family meetings

What are trial courts? - ANSWER-The City/Parish courts and District Courts

What are some duties of a notary? - ANSWER-Must be familiar with the Louisiana Civil Code, must keep record of all notarial acts, can be subpoenaed at any time and asked to attest to their notarial acts

Enumerate 3 types of courts - ANSWER-Supervisory (Louisiana Supreme Court), Appellate, Trial courts

The Appellate court - ANSWER-Appeal hearings from original courts are held by this court

Bonds and mortgages, Acts of Cancellation of Mortgages, Conveyances, Oaths of Office, Acts of Immovable and movable property, Charters - ANSWER-All of these should be recorded at the clerk's office

Louisiana Supreme Court - ANSWER-Unconstitutional law and death penalty cases go directly to this court

A trial court - ANSWER-This is another name for the Original Court

Magistrates - ANSWER-Mayor's Court is overseen by these

District Court - ANSWER-The notary is under the direct supervision of this court

licensed attorneys - ANSWER-Judges in District courts and City/Parish courts must be these 2 / 3

Jefferson and Ascension Parish - ANSWER-City courts exists in municipalities and parish courts exist in these two parishes

Small dollar amount issues and Local law misdemeanors - ANSWER-City/Parish courts handle these situations

40 districts and 5 Appellate courts - ANSWER-This is the amount of judicial districts and Appellate courts in our state

handle criminal matters, handle any civil dispute for any amount of money, handle appeals from lower courts, judges must be attorneys - ANSWER-All of these concern judges in District Court

The state Legislature - ANSWER-Our state law is derived from this

Civil Code, La Revised Statutes, Code of Civil Procedure, Children's Code, Code of Evidence, Code of Criminal Procedure, Constitutional Ancillaries - ANSWER-These are statutes of codes in our system of legislative law

The Louisiana Civil Code - ANSWER-This is the most important code to the commissioned notary

legal capacity of individuals, parental authority and classification of children, activities regarding things and property, marriage and divorce contracts, law conflict resolution, contracts - ANSWER-Civil law governs all of these

Preliminary Title and Books I-IV - ANSWER-The Louisiana Civil code is broken down into these 5 parts

The Louisiana Revised Statutes - ANSWER-These are a general compilation of miscellaneous items that includes certain titles of specific interest to notaries and are organized in the same manner as the Civil Code

The Children's Code - ANSWER-This contains laws affecting juveniles

The Code of Civil Procedure - ANSWER-This is a collection of procedural laws

The Code of Evidence - ANSWER-This provides rules of evidence and testimony and contains information on the competency of witnesses

The Code of Criminal Procedure - ANSWER-This regards adult criminal proceedings and prosecution

The Constitutional Ancillaries - ANSWER-These are considered statutory law

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