New York Notary 2023/2024 Practice Exam Test 1, Exams of Law

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New York Notary 2023/2024 Practice Exam Test 1

1. Which of the following statements is not correct? A. Fee for notary public commission is $60. B. The Secretary of State commissions notaries public. C. The term of a notary public commission is 2 years. D. Notary public examinations are scheduled throughout NYS. C. The term of a notary public commission is 2 years.

Executive Law 130. The term is 4 years.

2. Notaries are commissioned in ___________. A. their city of residence. B. the city where they are employed. C. their county of residence. D. their town or village of residence. C. their county of residence

Executive Law 131

3. Which choice is not correct? Generally, no person shall be appointed as a notary public who has been convicted of ______. A. a misdemeanor. B. a felony. C. a crime. D. lawful entry into a building. D. lawful entry into a building.

Executive Law 130

4. The _______ or the county clerk where commission is filed may certify as to the official character of the notary. A. Secretary of State B. County Judge C. Supervising Judge D. None of the above. A. Secretary of State

Executive Law 132

5. A notary public who is removed from office and then executes any instrument as a notary public is guilty of a ______. A. Violation B. Petty offense C. Misdemeanor D. Felony C. Misdemeanor

Executive Law 140

6. Which of the following is not eligible for the office of notary public? A. Commissioner of elections B. Sheriff C. Member of the legislature D. Inspector of Elections B. Sheriff

NYS Constitution, Article 13, Sect. 13(a)

7. Generally, the fee for an oath or affirmation is: A. $ B. $

C. $

D. $

A. $

Executive Law 136

8. The signature and seal of a county clerk upon a certificate of official character of a notary public may be:
9. facsimile
10. printed
11. stamped
12. photographed or engraved thereon

A. Only 1, 2 and 3 are correct. B. Only 2 and 3 are correct. C. 1,2,3 and 4 are all correct. D. Only 3 is Correct. C. 1,2,3 and 4 are all correct.

Executive Law 134

9. Which of the following is not correct? A NYS notary public is: A. not authorized to practice law. B. not authorized to administer an oath to himself. C. not authorized to administer oaths and affirmations. D. authorized to receive and certify acknowledgments. C. not authorized to administer oaths and affirmations.

Executive Law 135. Notaries public ARE authorized to administer oaths and affirmations.

10. A notary public who is an attorney at law admitted to practice in NYS may:
11. administer oath or affirmation to his client.
12. take the affidavit or acknowledgment of his client.

A. Both 1 and 2 or not correct. B. Only 1 is correct. C. Only 2 is correct. D. Both 1 and 2 are correct. D. Both 1 and 2 are correct.

Executive Law 135. He may do so in any matter, claim, action or proceeding.

11. A person who holds himself out to be a notary public but is not, or a notary public who commits fraud or deceit in the performance of his duties, is guilty of _________. A. a petty offense B. a misdemeanor C. a felony D. None of the above B. a misdemeanor

Executive Law 135-a (a misdemeanor)

12. The term "conveyance" includes written instruments by which any estate or interest in _________ property is created, transferred, mortgaged, or assigned.
13. personal
14. real A. Only 1 is correct. B. Only 2 is correct. C. Neither 1 nor 2 is correct. D. Both 1 and 2 are correct.

B. Only 2 is correct.

Real Property Law 290

13. An officer authorized to take the acknowledgement or proof of a conveyance who is guilty of fraudulent practice or malfeasance in the execution of any duty prescribed by law in relation to it is ________. A. guilty of a petty offense. B. liable for statutory fine of $150.00. C. liable in damages to the person injured. D. None of the above. C. liable in damages to the person injured.

Real Property Law 330 (liable in damages to the person injured).

14. When the lessor (bank) of a safe deposit box opens the safe deposit box in front of a notary public (pursuant to Banking Law 335), the notary shall file with the lessor a certificate under seal which contains:
15. date of opening of the safe deposit box.
16. the name of the lessee.
17. a list (inventory) of the contents.

A. 1 only B. 1 and 2 only C. 1, 2 and 3 D. 3 only C. 1, 2 and 3

Banking Law 335 (1, 2, and 3) Also, within 10 days of opening of safe deposit box, copy of certificate must be mailed to lessee at his last known postal address

15. The rule which authorizes a deposition to be taken before a notary public in a civil proceeding is found in: A. Criminal Procedure Law B. NYS Administrative Code. C. Family Court Act. D. Civil Practice Law and Rules D. Civil Practice Law and Rules

Civil Practice Law and Rules

16. Which of the following statements is correct? A. A notary public may in certain situations practice law. B. A notary public may prepare a will. C. A notary public shall not practice law. D. None of the above. C. A notary public shall not practice law.

Judiciary Law 484

17. A notary public subjects himself to the following for asking or receiving more than the statutory allowance for administering an oath in connection with an affidavit.
18. criminal prosecution
19. civil lawsuit
20. remove from office

A. 3 only B. 1 and 3 only C. 1, 2 , and 3 D. 2 only

C. 1, 2 , and 3

Public Officers Law 67 (Opinion of Attorney General)

18. A sentence of imprisonment for a Class "A" misdemeanor is a definite sentence which shall not exceed ________. A. 6 months. B. 1 year C. 3 years D. 7 years B. 1 year

Legal terms Term of imprisonment for misdemeanor is up to and including a year.

19. A person appointed by the court to manage the estate of a dead person who died without a will or who did not name such a person in the will is ________. A. an executor B. a plaintiff C. an administrator D. a deponent C. an administrator

Legal Terms

20. A person who signs his signature on an affidavit is called ______. A. the plaintiff B. the legatee C. the executor D. the affiant D. the affiant

Legal Terms

21. If a person declines to take an oath because of religious reasons, he may make ________. A. a codicil B. an affirmation C. a contract D. a lien B. an affirmation

Legal Terms

22. "Sworn to before me this _____ day of ______, 2010" is referred to as: A. a lien B. a contract C. a jurat D. a codicil C. a jurat

Legal Terms

23. Something that has value and is given to induce someone to enter into a contract is called _______. A. real property B. chattel C. will D. consideration D. consideration

Legal Terms

24. A person who starts a civil lawsuit is called _______. A. the antagonist B. the defendant

C. the appellant D. the plaintiff D. the plaintiff

Legal terms

25. The law which specifies the time during which a civil action or criminal prosecution must be started is called: A. The Statue of Frauds B. The Law of Venue C. The Statue of Limitations D. None of the above C. The Statue of Limitations

Legal Terms

26. The geographical place where an affidavit is taken by a notary or commissioner of deeds is called the _______. A. locale B. town C. venue D. venison C. venue

Legal Terms

27. Total commission fee for appointment of a notary public is: A. $ B. $ C. $ D. None of the above.

C. $

Executive Law 131

28. The fee for swearing in a witness is _______. A. $0. B. $2. C. $2. D. $4. B. $2.

Schedule of Fees

29. The total fee for swearing in three witnesses is: A. $ B. $ C. $ D. none of the above C. $

Schedule of Fees

30. The fee for an authentication certificate is ____. A. $ B. $ C. $ D. $ B. $

Schedule of Fees

31. A newly commissioned notary public has an office next to that of a law firm. The notary public may:

A. advertise that he gives legal advice. B. agree to divide his fees with the law firm. C. give legal advice. D. None of the above D. None of the above

Judiciary Law 484. Notaries public are expressly prohibited from practicing law or dividing their fees with attorneys.

32. The Secretary of State is not authorized to issue a duplicate notary public I.D. card _________. A. to replace a destroyed card. B. to replace a damaged card. C. to replace a lost card. D. to be kept as a spare I.D. card. D. to be kept as a spare I.D. card.

Executive Law 131

33. Which of the following choices is not correct? If a notary public is removed from office _____________________________. A. he is thereafter not eligible to be appointed a notary public. B. he is not authorized to administer oaths. C. he is guilty of a felony if he continues to act as a notary public. D. he cannot sign or execute any instrument as a notary public. C. he is guilty of a felony if he continues to act as a notary public.

Executive Law 140. He is guilty of a MISDEMEANOR.

34. Which of the following three defects would render an official certificate by a notary public invalid?
35. Term of notary was expired at the time of issuing the notarial certificate.

2. Name of the notary is misspelled on his identification card. A. 1 only B. 2 only C. 3 only D. None D. None

Executive Law 142-a

35. A notary public who is guilty of malfeasance or fraudulent practice in the execution of a duty prescribed by law is: A. liable for a fine of $100. B. liable for a fine of $500. C. liable for a fine of $1,500. D. liable in damages to the person injured. D. liable in damages to the person injured.

Real Property Law 330

36. A law enacted by the New York State legislature is called: A. a codicil B. a seal C. an attestation D. a statue D. a statue

Legal Terms

37. Which of the following two statements are correct? A notary public may:
38. solemnize a marriage
39. take the acknowledgement of parties and witnesses to a written contract of marriage

A. Only 1 is correct. B. Only 2 is correct. C. Both 1 and 2 are correct. D. None. Both 1 and 2 are incorrect. D. None. Both 1 and 2 are incorrect.

Domestic Relations Law 484

38. A notary public may: A. prepare a will or codicil B. prepare a deed or an assignment C. prepare a mortgage D. none of the above D. none of the above

Judiciary Law 484

39. A notary is asked by a person to notarize an affidavit. Which of the following is correct? A. The notary can negotiate a fee. B. The notary must charge a fee of $20. C. The notary may charge a fee of $10. D. None of the above. D. None of the above.

Executive Law 136 and Public Officers Law 67. Fee is $2.

40. If a party violates the provisions of Judiciary Law 67 (fees of Public Officers) he is liable to the person aggrieved ________. A. for damages plus $300. B. for damages plus trabelling expenses.

C. for treble damages. D. None of the above. C. for treble damages.

Judiciary Law 67 Also, liability for treble damages is in addition to any other punishment for the criminal offense prescribed by law.