Louisiana Notary Exam Questions and Answers (Graded A+)

Civil Law - ANSWER-System of law derived from Roman Law; court decisions DO NOT establish state law; on the Legislature enacts state laws Common Law - ANSWER-System of law derived from England; court decisions can lead to future laws and precedents Commission - ANSWER-an instruction, command, or duty given to a person or group of people. 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 P