Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
45 Cards in this Set
- Front
- Back
|
A Law that limits the time within which a criminal prosecution or a civil action must be started. |
Statue of limitations |
|
|
State law which provides that certain contracts must be in writing or partially complied with. In order to be enforceable at law. |
State of Frauds |
|
|
A law established by an act of the legislature |
Statute |
|
|
The laws of The State of New York do not require the use of seals by Notaries Public. If a seal is used, it should sufficiently identify the Notary Public his authority and jurisdiction it is the opinion of the department of state that the only inscription required is the name of the Notary and the words “Notary Public for the State of New York” |
Seal |
|
|
A formal statement in writing by a Notary Public, under seal, that a certain bill of exchange or promissory note was on a certain day presented from payment, or acceptance and that such payment or acceptance was refused |
Protest |
|
|
A person appointed by the court to manage the estate of a deceased person who left no will |
Administrator |
|
|
The person who makes and subscribes his signature to an affidavit |
Affiant |
|
|
Personal Property, such as household goods or fixtures |
Chattel |
|
|
A writing or writings which evidence both an obligation to pay money and a security interest in a lease or specific goods. The agreement which creates or provides for the security interest is known as a security agreement. |
Chattel paper |
|
|
An instrument made subsequent to a will and modifying it in some respects. |
Codicil |
|
|
Anything of value given to induce entering into a contract, it may be money, personal services or even love and affection. |
Consideration |
|
|
A contract whereby, for a consideration, usually termed rent, one who is entitled to the possession of real property transfers such right to another for life, for a term of years or at will. |
Lease |
|
|
A legal right on claim upon a specific property which attaches to the property until a debt is satisfied |
Lien |
|
|
The act of carrying on a lawsuit |
Litigation |
|
|
Behavior disrespectful of the authority of a court which disrupts the execution of court orders |
Contempt of Court |
|
|
An agreement between competent parties to do or not to do certain things for a legal consideration,whereby each party acquires a right to what the other possesses. |
Contract |
|
|
One who makes oath to a written statement technically a person subscribing a deposition out used interchangeably with affiant |
Deponent |
|
|
The testimony of a witness taken out of court or other hearing proceeding, under oath or by affirmation before a notary public or other person, officer or commissioner before whom such testimony is authorized by law to be taken, which is intended to be used at the trial or hearing |
Deposition |
|
|
Unlawful constraint exercised upon a person whereby he is forced to do some act against his will. |
Duress |
|
|
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. |
Escrow |
|
|
One named in a will to carry out the provisions of the will |
Executor |
|
|
(From one side only) A hearing or examination in the presence of or on papers filed by, one party and in the absence of the other. |
Ex Parte |
|
|
A crime punishable by death or imprisonment in a state prison |
Felony |
|
|
A person in charge of a minors person or property |
Guardian |
|
|
Decree of a court declaring that one individual is indebted to another and fixing the amount of such indebtedness. |
Judgement |
|
|
A written instrument given to pass title of personal property from vendor to vendee |
Bill of Sale |
|
|
Any crime other than a felony |
Misdemeanor |
|
|
A clause which permits the placing of a mortgage at a later date which takes priority over an existing mortgage |
Subordination Clause |
|
|
An instrument in writing duly executed and delivered that creates a lien upon real estate as security for the payment of a specified debt, which is usually in the form of a bond |
Mortgage on Real Property |
|
|
A person who starts a suit or brings an action against another |
Plaintiff |
|
|
A written statement by an individual giving another person the power to act for him |
Power of Attorney |
|
|
The formal declaration made by a subscribing witness to the execution of an instrument setting forth his place of residence, that he knew the person described in and who executed the instrument and that he saw such person execute such instrument. |
Proof |
|
|
A notary public may administer an oath or take an affidavit or acknowledgment on Sunday. However , a deposition cannot be taken on Sunday in a civil proceeding. |
Sunday |
|
|
This term includes every made authorized by law for administering an oath |
Swear |
|
|
The disposition of ones property to take effect after death |
Will |
|
|
To witness the execution of a written instrument, at the request of the person who makes it and subscribe the same as a witness |
Attest |
|
|
That clause (e.g. at the end of a will) wherein the witness certify that the instrument has been executed before them, and the manner of the execution of the same. |
Attestation Clause |
|
|
Department of State Authentication attached to a notarized and county – certified document for possible international use. |
Apostile |
|
|
Shall not exceed 1 year |
Maximum sentence for Class A misdemeanor |
|
|
At least 3 years
|
Maximum term for Felony Class D & Class E |
|
|
The delay or negligence in asserting one’s legal rights |
Laches |
|
|
A certificate subjoined by a county clerk to any certificate of proof or acknowledgment or oath signed by a Notary, this county clerks certificate authenticates or verifies the authority of the Notary Public to act a such |
Authentication (Notarial) |
|
|
A solemn declaration made by persons who conscientiously decline taking an oath, it is equivalent to an oath and is just as binding, if a person has religious or conscientious scruples against taking an oath, the notary public should have the person affirm. The following is a form of affirmation; “Do you solemnly, sincerely, and truly declare and affirm that the statements made by you are true and correct” |
Affirmation |
|
|
An affidavit is a signed statement, duly sworn to, by the maker thereof, before a notary public or other officer authorized to administer oaths. The venue, or county wherein the affidavit was sworn to should be accurately stated. But it is of far more importance that the affiant, the person making the affidavit, should have personally appeared before the notary and have made oaths to the statements contained in the affidavit as required by law. Under the Penal Law (§210.00) the wilful making of a false affidavit is perjury, but to sustain an indictment therefor, there must have been, in some form, in the presence of an officer authorized to administer an oath, an unequivocal and present act by which the affiant consciously took upon himself the obligation of an oath; his silent delivery of a signed affidavit to the notary for his certificate, is not enough. (People v. O’Reilly, 86 NY154;People ex rel. Greene v Swasey, 122 Misc. 388;People v. Levitas (1963) 40 Misc. 2d 331.) |
Affidavit |
|
|
Appointment asNotary Public-- Total Commission Fee 60.00 (40.00 appointment and 20.00 filing of Oath of Office) Change of Name/ Address 10.00 Duplicate Identification Card 10.00 Issuance of Certificate of Official Character 5.00 Filing Certificate Of Official Character 10.00 Authentication Certificate 3.00 Protest of Note, Commercial Paper, etc. .75 Each additional Notice of Protest (limit 5) each .10 Oath or Affirmation 2.00 Acknowledgment (each Person) 2.00 Proof of Exection (each person) 2.00 Swearing Witness 2.00
|
Schedule of Fees |
