Download LOUISIANA NOTARY ONLINE PRACTICE EXAM 2024 | ALL QUESTIONS AND CORRECT ANSWERS and more Exams Law in PDF only on Docsity!
LOUISIANA NOTARY ONLINE PRACTICE
EXAM 2024 | ALL QUESTIONS AND
CORRECT ANSWERS | ALREADY
GRADED A+ | LATEST EDITION
In the above testament, after the testator's signature portion of the will (his signature line and full name printed out), which of the following statements should be added to make it valid? ------CORRECT ANSWER--------------B. In our presence the testator has declared or signified that this instrument is his testament and has signed it at the end and on each other separate page, and in the presence of the testator and each other we have hereunto subscribed our names. this 3rd day of March, 2020 at New Orleans, Louisiana. Assume in the preceding question that one of the clauses is used which dates the instrument as March 3 and is proper. It is easy to establish from external events that it was in fact signed March 3. But the preamble from an earlier draft says February 29, 2020. Which of the following statements is true? ------CORRECT ANSWER--------------A. The testament is valid even with the error, given the ready resolution by using external facts to fix the correct date it was signed. Katrina prints the testament double-sided on one sheet of paper. Roger executes it, signing only in the usual place after his dispositions. Is the testament valid? ------CORRECT ANSWER--------------WRONG This is an example of: ------CORRECT ANSWER--------------C. Strictly personal obligations
In the previous question, they want the document accomplishing this agreement to be executed in such a way that it can be introduced in court without needed witnesses to authenticate the document for admission into evidence. They can do this by: ------CORRECT ANSWER-------------- WRONG In the previous situation, assume that they sign the document at Stan's home. Joy takes the document to a notary to have it received. Which of the following could not accomplish the goal stated in the previous question? ---- --CORRECT ANSWER--------------B. Joy signs it before the notary, who puts it aside. Later, Stan arrives at the notary separately and signs before the notary, who then signs it as well. In the original scenario, involving a trade of services for pet care, assume that Stan and Joy further sign a separate, private act that clarifies the Stan's fish is their private code for his collection of (Illegal) weapons that he doesn't want to get stolen. This separate act is an example of: ------ CORRECT ANSWER--------------A. counter letter In the previous question, assume Joy and Stan sign the separate document to accomplish their clarification. A court refuses to enforce the agreement. This decision is based on: ------CORRECT ANSWER--------------WRONG Amy transfers to her friend Bill a plot of land in Caddo Parish. The document stating this includes the phrase that this is done "because he has voluntarily worked, and keeps working, on the land for years to keep it up, and that is roughly worth what this plot is worth." The document is stated correctly and properlyt notarized at the bottom by a commissioned notary with state wide jurisdiction. But no witnesses were present. Is the document valid? ------CORRECT ANSWER--------------WRONG
Common Law -------CORRECT ANSWER---------------Denotes a system of law that derives from the common law of England. Civil Law -------CORRECT ANSWER---------------Generally refers to the system of law derived from Roman Law In Common Law -------CORRECT ANSWER---------------Judges are law makers In Civil Law -------CORRECT ANSWER---------------Judges are law interpreters In 1991 legislature created a fourth book in the code. -------CORRECT ANSWER---------------Book IV "Conflict of Laws" Notaries in Louisiana are authorized to make: -------CORRECT ANSWER--- ------------inventories, appraisements, partitions, wills, protests, matrimonial contracts, conveyances and generally, all contracts and instruments in writing. A Louisiana Notary is also empowered to: -------CORRECT ANSWER-------- -------execute authentic acts, received acknowledgments of acts under private signature, and officiate at family and creditors' meetings.
Jurisdiction -------CORRECT ANSWER---------------The power to adjudicate or handle a particular kind of case. Three types of juridiction -------CORRECT ANSWER---------------Original, Appellate and Supervisory Justice of the Peace Courts -------CORRECT ANSWER---------------handle minor money disputes up to $5,000, may issue some arrest warrants, set bail obligations and hold preliminary hearings. Mayor's Courts -------CORRECT ANSWER---------------Handle minor traffic matters and petty ordinance violations District Courts -------CORRECT ANSWER---------------State courts that are trial courts of general jurisdiction handling both criminal and civil matters. There are forty judicial districts that covers: - ------CORRECT ANSWER------ ---------sixty-three parish, with each district comprising at least on parish and no more than three whole parishes. Louisiana Supreme Court -------CORRECT ANSWER---------------has complete authority to regulate the practice of law in Louisiana. It therefore has original jurisdiction in any case involving lawyer discipline, including suspending and disbarring attorneys, as well as jurisdiction over judges.
wrong wrong ------CORRECT ANSWER--------------wrong wrong A notary, Bill, works part-time for the bank while his wife, Wanda, is sole manager of a car dealership. The bank the employs Bill provides loans for customers to purchase cars, including cars bought from Wanda's workplace. May Bill properly serve as notary for the transactions involving Wanda's dealerships? ------CORRECT ANSWER--------------B. Yes, because he has no personal interest in these transactions. An authentic act entered into by a corporation contains the following clause: blah blah blah This clause is an example of: ------CORRECT ANSWER--------------B. Appearance In the preceding example, how would the act's signature line be worded? -- ----CORRECT ANSWER--------------E. Either B or C but not A is effective in the example given. In the above example, assuming the original clause in #7 is used and is valid, how might Charles establish his authority to sign the act? ------ CORRECT ANSWER--------------WRONG. Which of the following is a thing or interest that the owner cannot finance with a mortgage? ------CORRECT ANSWER--------------B. A Certificate of Deposit worth $10,
All of the following would be acceptable and appropriate alternative captions to this instrument, except: ------CORRECT ANSWER--------------C. Affidavit of Distinction Given the document's stated purpose and the form noted in the caption, which of the following statements is false? ------CORRECT ANSWER-------- ------WRONG Notary's statement placed on the face of a document to identify and connect it with another's instrument passed before the notary. ------ CORRECT ANSWER--------------Paraph Where is a paraph is most commonly made on? ------CORRECT ANSWER- -------------A promissory note to identify it with a mortgage, priviledge, or other security device. What is an example form of a recitation of a paraph? ------CORRECT ANSWER--------------"And I, the undersigned Notary Public, paraphed the Note "Ne Varietur" for identification with this Sale with Mortgage and delivered the note to the Seller who acknowledges receipt thereof." What is included in a paraph? ------CORRECT ANSWER--------------1. Name of the act 2. date the act was passed 3. signature of the notary The division of property owned in common into distinct physical shares. ---- --CORRECT ANSWER--------------Partition
What is the purpose of a partition? ------CORRECT ANSWER--------------To do away with fractional ownership and to make perfect each co-owner's title or ownership in individual physical shares. In the case where partition is judicially ordered, the court will appoint... ------ CORRECT ANSWER--------------a notary to make the partition in accordance with law. The act of partition is considered? ------CORRECT ANSWER--------------A conveyence A certificate of dishonor made by a notary certifying that a note, check, or other commercial paper was not satisfied when presented to the maker. ---- --CORRECT ANSWER--------------Protest What is necessary to fix the liability of the drawer or endorser on commercial paper. ------CORRECT ANSWER--------------Unwaived Protest An attestation, usually certified under "acts of congress," issued by the clerk of court in the notary's parish of commission establishing that a particular person is a duly appointed, commissioned and qualified notary public in that parish. ------CORRECT ANSWER--------------Protho-notarial certificate Purpose of Protho-notarial certificate ------CORRECT ANSWER-------------- this fulfills the requirment to have the notary's signature proved by the clerk
of court and "certified under Acts of Congress" in order to import full faith and credit provisions of the U.S. constitution to an act of a public official filed in a state other than that of the official. The protho-notarial certificate certified under acts of congress is in... ------ CORRECT ANSWER--------------fact four certificates issued together in conformity with the requirements for certifying an instrument in accordance with Acts of Congress. Protho notarial certificate (four parts) ------CORRECT ANSWER--------------
- clerk of court approves the qualification notary 2. attest that 1. is a true copy 3. judge of judicial district court certifies that the clerk of court is a real clerk of court. 4. the clerk of court certifies that the judge is elected and qualified as a judge of that judicial district court. Authorizes another person to make decisions for the child on the absent parent's behalf. ------CORRECT ANSWER--------------Provisional custody by mandate Maximum period for provisional custody by mandate ------CORRECT ANSWER--------------1 year Can a parent previously denied custody by court order be given provisional custody by mandate? ------CORRECT ANSWER--------------No Can a tutor confer provisional custody by mandate? ------CORRECT ANSWER--------------Yes
Assume for this question that Chris's commission, at the time of signing of this document, had been suspended because he recently did not file an annual report with the SOS. Later the report is filed and the commission is reinstated. Chris was not aware of the deficiency at the time of signing, nor had the SOS provided info yet about the suspension. Is the document valid? ------CORRECT ANSWER--------------B. Yes, because LA law may apply the "de facto" doctrine to protect the innocent parties in such situations. Assume that the notary Chris is a legal resident of LA but a citizen only of Australia. His commission would be invalid for all of the following besides: - -----CORRECT ANSWER--------------C. He is not registered to vote in the Parish of Union where he holds his commission. Miley owns a condo in Claiborne Parish that she bought in 2016,.... ------ CORRECT ANSWER--------------WRONG Assume for this q... that Miley's condo in Claiborne Parish is owned by her with a usufruct to her father Billy. In the act establishing the usufruct, she stated no time limit. Who owns the rental fees earned on the condo when it is used for short-term rentals? ------CORRECT ANSWER--------------A. Billy owns the fees. Billy lives in the condo under his usufruct, as in the preceding question. What fees or expenses is he responsible for? ------CORRECT ANSWER---- ----------D. all of the above In the prec. question, assume Miley dies. Does Billy still have the right to live in the condo? ------CORRECT ANSWER--------------E. None of the above is correct
May Call Cook sign the testament in New Orleans? ------CORRECT ANSWER--------------WRONG May Jan and Nan be left out of a legacy, giving everything in a succession to Roger? ------CORRECT ANSWER--------------D. Neither Jan or Nan is a forced heir, so the entire estate may be left to Roger. Book I -------CORRECT ANSWER---------------Of Persons Book II -------CORRECT ANSWER---------------Of Things and the Different Modifications of Ownership Book III -------CORRECT ANSWER---------------Of the Different Modes of Acquiring the Ownership of Things. Louisiana Revised Statutes -------CORRECT ANSWER---------------Are statutes of a general nature compiled into 56 titles arranged alphabetically by topic from Aeronautics to Wildlife and Fisheries. Title 9 -------CORRECT ANSWER---------------Civil Code Ancillaries
immediately are irrevocably or 2. those that are made in contemplation of death intended to take effect upon the donors' death. Donation inter vivos -------CORRECT ANSWER---------------is a contract by which a person, called the donor, gratuitously divest himself, at present irrevocably, of the thing given in favor of another call the donee, who accepts. (Only present property can be given away) Donation mortis causa -------CORRECT ANSWER---------------an act to take effect at he death of the donor by which he disposes of the whole or a part of his property. It is revocable during the lifetime of the donor. Donative Intent -------CORRECT ANSWER---------------That is, there must be clear expression that the property is being given gratuitously by the donor and that the donor is divesting himself of the property without any recompense. Contract -------CORRECT ANSWER---------------An agreement by two or more parties whereby obligations are created, modified, or extinguished. Obligation -------CORRECT ANSWER---------------A legal relations whereby a person, called the obligor, is bound to render a performance in favor of another, called the obligee. Performance may consist of giving, doing, or not doing something. Matrimonal Regime -------CORRECT ANSWER---------------Civil Code 2325 is a system of principles and rules governing the ownership and
management of the property of married persons as between themselves and toward third persons. Kinds of martrimonal regimes: -------CORRECT ANSWER---------------Legal, Contractual or Partly legal and partly contractual Common type of matrimonal regime -------CORRECT ANSWER--------------- "legal regime" Legal regime is referred most frequently as -------CORRECT ANSWER------ ---------"the community" or 'the community property" Legal regime is the -------CORRECT ANSWER---------------community of acquets and gains. "Acquets" genarally means -------CORRECT ANSWER---------------"estates" in the civil law "Gains" refers to -------CORRECT ANSWER---------------the income or product derived or gained from the labor of either spouse of from property owned by them Mortgage -------CORRECT ANSWER---------------A nonpossessory right create over property to secure the performance of an obligation.
Legal Regime -------CORRECT ANSWER---------------The community of acquets and gains. Separate Property -------CORRECT ANSWER---------------Property acquired by one spouse with his separate thins, property acquired by inheritance, and property donated to an individual spouse (as opposed to both spouses jointly). Renunciation of right to concur -------CORRECT ANSWER--------------- Where concurrence of a spouse is required, that spouse may renounce the right to concur. Must be in writing and may be irrevocable for a stated term not to exceed three years. Sale -------CORRECT ANSWER---------------Contract whereby a person transfers ownership of a thing to another for a price in money. Transfer of immovable property -------CORRECT ANSWER---------------Must be made by authentic act or by act under private signature. Nevertheless, an oral transfer is valid between the parties when the property has be actually delivered and the transferor recognizes the transfer when interrogated on oath. Components of a Juridical Act -------CORRECT ANSWER--------------- Heading (Caption), Preamble (Introduction), Appearance Clause(s), Evidence of Oath (when appropriate); Body of Act; Conclusion; Signatures. Domicile -------CORRECT ANSWER---------------Where you are registered to vote. Your permanent home address.
Appearance Clause -------CORRECT ANSWER---------------Contains the full name of the party, the part's domicile, marital status, and permanent mailing address. Mortgage Clause -------CORRECT ANSWER---------------Appearance Clauses; Statement of Indebtedness; Description of debt instrument; Declaration of the paraphing of the note if present to the notary for paraphing; Recitation of delivery to, and receipt of, the note by the creditor; Grant of Mortgage; Description of property mortgaged; Signatures. Promissory Note -------CORRECT ANSWER---------------A written promise to pay, signed by the debtor (referred to as the "make") promising to pay a specified sum of money on a specified date. Township -------CORRECT ANSWER---------------A square 6 miles on a side comprising 36 sections, each one mile square. Sections can be divided into: -------CORRECT ANSWER--------------- quarters, halves, or halves of a quarter, or quarters of quarters, and such divisions always dei Halves -------CORRECT ANSWER---------------Rectangle Quarters -------CORRECT ANSWER---------------Squares
