Exam Study Guide by Louisiana Secretary of
State Office: 200 Practice Questions & Detailed
Answers for Guaranteed First-Attempt
Success
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
Servitude - ANSWER//a charge or burden upon a thing,
usually an immovable, for the benefit of another person or
another estate. Personal Servitude - ANSWER//Charge on
a thing for the benefit of a person. There are three:
usufruct, right of use, and habitation. Predial Servitude -
ANSWER//A charge on a servient estate for the benefit of
a dominant estate. The two estates must belong to
different owners Consumable Thing - ANSWER//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 -
ANSWER//things that may be enjoyed without alteration of
their substance such as land, houses, shares of stock or
animals Partition - ANSWER//Legal procedure to divide
the co-owners' interests in real property Juridical person -
ANSWER//An entity to which the law attributes legal
personality, such as a corporation. Family -
ANSWER//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 Heritable - ANSWER//capable of being
transferred by voluntary action or succession Predial and
Personal - ANSWER//Two types of servitude res ipsa
loquitur (the thing speaks for itself) - ANSWER//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 - ANSWER//A mode of
acquiring ownership of other real rights by uninterrupted
possession for a period of time. building restriction -
ANSWER//Charges imposed by the owner of an
immovable in pursuance of a general plan governing
building standards, specified uses, and improvements;
must be feasible and capable of being preserved. estate -
ANSWER//distinct, corporeal immovable 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