LOUISIANA NOTARY EXAM

LOUISIANA NOTARY EXAM

• Dereliction: 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: Accretion (growth) formed successively and imperceptibly on the bank of a river

or stream, whether navigable or not

• Servitude: a charge or burden upon a thing, usually an immovable, for the benefit of

another person or another estate.

• Personal Servitude: Charge on a thing for the benefit of a person. There are three: usufruct,

right of use, and habitation.

• Predial Servitude: A charge on a servient estate for the benefit of a dominant estate. The

two estates must belong to different owners

• Consumable Thing: Things that cannot be used without being expended or consumed, or

without their substance being changed, such as money, harvested agricultural products, stocks of merchandise, foodstuffs, and beverages.

• Nonconsumable Thing: things that may be enjoyed without alteration of their substance

such as land, houses, shares of stock or animals

• Juridical person: An entity to which the law attributes legal personality, such as a

corporation.

• Family: signifies father, mother and children; depending on the subject can include all

individuals who live under the authority of another, including servants; the term is also used to include relations that descend from a common root

10. Heritable: capable of being transferred by voluntary action or succession

11. Predial and Personal: Two types of servitude

• res ipsa loquitur (the thing speaks for itself): court may be willing to infer that the defendant

caused the harm, under this doctrine .-shifts the burden of proof from plaintiff to defendant -applies only when

• 1) the defendant had exclusive control of the thing that caused the harm

• 2) the harm normally would not have occurred without negli-gence, and ( 3) the plaintiff had

no role in causing the harm.

• acquisitive prescription: A mode of acquiring ownership of other real rights by

uninterrupted possession for a period of time.

• Civil Law: System of law derived from Roman Law; court decisions DO NOT establish

state law; on the Legislature enacts state laws 1 / 2

• Common Law: System of law derived from England; court decisions can lead to future

laws and precedents

• Commission: an instruction, command, or duty given to a person or group of people.
• Legal Capacity: The ability to contract; not to be a minor and of sound mind and body

18. Immovable: Land and its improvements thereon

• Mandate: Transaction in which a person confers authority on another i.e. power of

attorney

• Partition: Legal procedure to divide the co-owners' interests in real property

21. Jurisdiction: the power to adjudicate or handle a particular kind of case

22. Apostille: an addition, a marginal note or observation

23. de jure Notary: - 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: 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

25. Misfeasance: improper performance of a lawfully authorized official act

26. Malfeasance: misconduct or wrongdoing, especially by a public official

27. Dereliction of Duty: With negligent disregard for proper performance

• Interdicts: 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: a special mortgage on immovable property in the parish of the notary's

commission

• Public Office: 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

31. Public Officer: any person holding a public office in this state

• Ministerial: Acts performed by the notary as a service for a fee and not as a governmental

function

• Paraphing: the notation on a document to mark it for identification with another act
• Ownership: The right that confers on a person direct immediate and exclusive authority

over a thing

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