2026 TEST BANK TESTED
QUESTIONS CORRECT ANSWERS
◉ A/An _________ may be appointed a notary public without an
examination Answer: an *attorney* admitted to practice in New York
State (bonus point: also exempt are officially appointed *Court Clerks*
in the NY State court system)
◉ True/False:
Non-residents of New York state who have offices or places of business
in the state may also become notaries. Answer: True.
An office or place of business is sufficient.
◉ *Notary Public*
(The full definition, as laid out in NY state law.) Answer: A *public
officer who executes acknowledgements of deeds or writings* in order
to render them available as evidence of the facts therein contained;
administers oaths and affirmation as to the truth of statements contained
in papers or documents requiring the administration of an oath.
◉ *Laches* Answer: The delay or negligence in asserting one's legal
rights.
,A laches example is when a homeowner watches their neighbor build a
fence over the property line for years, investing time and money, and
then sues to have it removed; the neighbor can use the defense of laches
because the homeowner's long, unreasonable delay prejudiced them by
making it harder to defend the claim. Essentially, laches stops a plaintiff
from winning a case if their excessive delay in bringing a lawsuit harms
the defendant's ability to fairly defend themselves, often because
evidence is lost or witnesses' memories fade.
◉ The (1)_________ and (2)__________ of the notary must be filed in
the office of the county clerk of the county where the notary is located,
or has office or place of business Answer: 1) *oath of office*, 2)
*signature*
◉ *Affiant* Answer: The person who makes and subscribes their
signature to an affidavit. (Hint: the term 'affiant' may be used
interchangeably with the word *deponent*... remember this.)
◉ *Extra credit*, from NY State Law.
Fill in the blank:
"Use of the office of notary in other than the ___________ procedure
required is viewed as a serious offense." Answer: *"specific, step-by-
step"*
◉ True/False:
,A notary public is allowed to administer an oath to herself or himself
under certain circumstances (by a requesting judge in a civil trial, or at
the request of the Secretary of State) Answer: False.
A notary public can never administer an oath to themselves.
◉ True/False:
A jurat is not the affidavit. Answer: True.
The jurat is the specific part of the document where the notary public
certifies that the document was sworn to before her or him in person.
The key words here are: *sworn* and *in person.*
◉ *Guardian* Answer: A person in charge of a minor's person or
property.
◉ Bonus:
(From NYS Notary License Law)
"Equally unacceptable to the Secretary of State is the __________
administration of oaths." Answer: *"slipshod"*
◉ The simplest form in which an oath may be administered:
, "________________________?" Answer: "Do you solemnly swear that
the contents of this affidavit subscribed by you is correct and true?"
◉ A/An ______________ may be used for persons who conscientiously
decline taking an oath. Answer: An *affirmation*
◉ *Escrow* Answer: The placing of an instrument in the hands of a
person as a depository who on the happening of a designated event, is to
deliver the instrument to a third person. This agreement, once
established, should be unalterable. (Often an *attorney*, but not always)
◉ As best you can, name the activities (involving the practice of law)
that are prohibited by a notary public.
May not _______
May not ______
etc.
(How many are listed?) Answer: Four things listed:
1. May not *give advice* on the law
2. May not ask for and get *legal business* to send to a lawyer
3. May not divide or agree to *divide their fees* with a lawyer