NYS NOTARY PUBLIC EXAM QUESTIONS AND
CORRECT ANSWERS
1. Acknowledgment: A declaration that is made before an official (i.e., notary
public) that under the person's free act and deed he did execute the instrument
2. Administrator: Appointed by the court for an estate (usually Surrogate's or
Supreme Court) which empowers him to manage the affairs of the decedent. The
court appoints this when a person dies without leaving a will, or leaves a will without
naming an executor
3. Affiant: An affidavit is signed by this person
4. Affidavit: A signed statement that is sworn to by the person signing it. It is sworn
in front of a notary public or other office with authority to administer an oath
5. Affirmation: A person who does not want to take an oath (because of religious,
ethical or other reasons) may affirm as to the truthfulness of his statements.
6. Apostile: An authentication of a notarized document or county clerk certified
document. It is issued by the Department of State. It is attached to the document
and may be used internationally.
7. Attest: To be present at the execution of a written instrument and also to sub-
scribe the written instrument as a witness to the execution of the instrument
8. Attestation clause: As it refers to wills, an attestation clause is the written portion
at the end of a will where the witnesses attest that the will was executed in front of
them and also state the procedural manner of the execution of the will
9. Authentication (notarial): A document that is signed by a notary may be authen-
ticated by a county clerk. It is comprised of a certificate issued by the county clerk
and attached to the document. It verifies the notary public's authority to act as a
notary public.
10. Bill of Sale: A written document that is given by the vendor (seller of personal
property) to the vendee (buyer). It passes title from the vendor to the vendee
11. Certified copy: May NOT be issued by a notary public. They can only be issued
by public officials who have custody of the original and who can certify that the copy
is a true copy of the original on file
12. Chattel: Means property that is personal in nature, such as household goods. It
,does NOT include real property (land, buildings)
13. Chattel paper: A written obligation to pay money for specific goods
14. Codicil: As it relates to wills, it is an attachment to a will that adds to or changes
the will in some way
15. Consideration: What is given in value to induce someone to enter into a contract
(i.e., property, money, services, etc.)
16. Contempt of Court: Actions which hinder the execution of court orders and
display disrespect of court authority
17. Contract: An agreement between parties which can be oral or written.
, 18. Conveyance: The instrument which creates, assigns, transfer or surrenders an
interest in real property
19. Deponent: Means the same as affiant. A person who signs the deposition and
makes an oath to a written statement
20. Deposition: A testimony taken before an authorized official. It is taken out of
court with the intention of using it at a hearing or trial
21. Duress: Exercising unlawful constraint on a person with the intention of forcing
him to do certain acts which may be against the person's will
22. Escrow: Depositing an instrument with a person who on the occurrence of an
event must give the instrument to a designated person
23. Executor: A person designated in a will to carry out the instructions of the
deceased that are listed in the will
24. Ex Parte (one sided): A court proceeding where it is conducted with only one
of the parties being present
25. Felony: An offense for which a sentence of imprisonment of more than a year
may be imposed
26. Guardian: A person in charge of another person's property or person
27. Judgment: Declares the rights of individuals, including that one party owes
money to another and specifying the amount owed. They may be final or temporary
28. Jurat: The section of an affidavit which contains the certification of the notary
public that the document was sworn to in front of the notary public.
29. Laches: The negligence or delay in the assertion of a legal right. The concept of
this may be used as a defense in certain legal proceedings, such as in proceedings
for unpaid rent
30. Lease: A contract regarding the right to the possession of real property. It is
made for consideration and transfers the3 /right
12
to possession of real property for a
period of time
31. Lien: The attachment of a legal claim on property until the debt on the property
is satisfied
32. Litigation: The process of pursuing a lawsuit
33. Misdemeanor: A crime that is not a felony. They are less serious than felonies
and are punishable by a sentence of imprisonment up to and including a year
34. Mortgage on Real Property: A written instrument that is used to create a lien
CORRECT ANSWERS
1. Acknowledgment: A declaration that is made before an official (i.e., notary
public) that under the person's free act and deed he did execute the instrument
2. Administrator: Appointed by the court for an estate (usually Surrogate's or
Supreme Court) which empowers him to manage the affairs of the decedent. The
court appoints this when a person dies without leaving a will, or leaves a will without
naming an executor
3. Affiant: An affidavit is signed by this person
4. Affidavit: A signed statement that is sworn to by the person signing it. It is sworn
in front of a notary public or other office with authority to administer an oath
5. Affirmation: A person who does not want to take an oath (because of religious,
ethical or other reasons) may affirm as to the truthfulness of his statements.
6. Apostile: An authentication of a notarized document or county clerk certified
document. It is issued by the Department of State. It is attached to the document
and may be used internationally.
7. Attest: To be present at the execution of a written instrument and also to sub-
scribe the written instrument as a witness to the execution of the instrument
8. Attestation clause: As it refers to wills, an attestation clause is the written portion
at the end of a will where the witnesses attest that the will was executed in front of
them and also state the procedural manner of the execution of the will
9. Authentication (notarial): A document that is signed by a notary may be authen-
ticated by a county clerk. It is comprised of a certificate issued by the county clerk
and attached to the document. It verifies the notary public's authority to act as a
notary public.
10. Bill of Sale: A written document that is given by the vendor (seller of personal
property) to the vendee (buyer). It passes title from the vendor to the vendee
11. Certified copy: May NOT be issued by a notary public. They can only be issued
by public officials who have custody of the original and who can certify that the copy
is a true copy of the original on file
12. Chattel: Means property that is personal in nature, such as household goods. It
,does NOT include real property (land, buildings)
13. Chattel paper: A written obligation to pay money for specific goods
14. Codicil: As it relates to wills, it is an attachment to a will that adds to or changes
the will in some way
15. Consideration: What is given in value to induce someone to enter into a contract
(i.e., property, money, services, etc.)
16. Contempt of Court: Actions which hinder the execution of court orders and
display disrespect of court authority
17. Contract: An agreement between parties which can be oral or written.
, 18. Conveyance: The instrument which creates, assigns, transfer or surrenders an
interest in real property
19. Deponent: Means the same as affiant. A person who signs the deposition and
makes an oath to a written statement
20. Deposition: A testimony taken before an authorized official. It is taken out of
court with the intention of using it at a hearing or trial
21. Duress: Exercising unlawful constraint on a person with the intention of forcing
him to do certain acts which may be against the person's will
22. Escrow: Depositing an instrument with a person who on the occurrence of an
event must give the instrument to a designated person
23. Executor: A person designated in a will to carry out the instructions of the
deceased that are listed in the will
24. Ex Parte (one sided): A court proceeding where it is conducted with only one
of the parties being present
25. Felony: An offense for which a sentence of imprisonment of more than a year
may be imposed
26. Guardian: A person in charge of another person's property or person
27. Judgment: Declares the rights of individuals, including that one party owes
money to another and specifying the amount owed. They may be final or temporary
28. Jurat: The section of an affidavit which contains the certification of the notary
public that the document was sworn to in front of the notary public.
29. Laches: The negligence or delay in the assertion of a legal right. The concept of
this may be used as a defense in certain legal proceedings, such as in proceedings
for unpaid rent
30. Lease: A contract regarding the right to the possession of real property. It is
made for consideration and transfers the3 /right
12
to possession of real property for a
period of time
31. Lien: The attachment of a legal claim on property until the debt on the property
is satisfied
32. Litigation: The process of pursuing a lawsuit
33. Misdemeanor: A crime that is not a felony. They are less serious than felonies
and are punishable by a sentence of imprisonment up to and including a year
34. Mortgage on Real Property: A written instrument that is used to create a lien
