Notary Public NY Practice Exam Updated 2023-2024 Latest Version/ NY Notary Exam Questions, Exams of Nursing

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Notary Public NY Practice Exam Updated 2023-2024 Latest Version/ NY Notary Exam Questions and 100% Correct Answers/ Notary Public NY Practice Exam An official certificate of a notary may be valid even if the notary had vacated his office by changing his residence or accepting another public office. --------- Correct Answer ---- ----- TRUE- also may be valid even if the action was taken outside the jurisdiction where the notary public was authorized to act The term "lien" includes every written instrument by which any estate or interest in real property is created, transferred, mortgaged or assigned. --------- Correct Answer --------- FALSE- the definition applies to the legal term "conveyance" The term "conveyance" does not include a will or lease for a term not exceeding 3 years. --------- Correct Answer --------- TRUE - also does not include an executor contract for the sale or purchase of lands Acknowledgement or proof may be made before a justice of peace in a county containing town, village or city where he is authorized to perform duties --------- Correct Answer --------- TRUE- applies also to town councilman, village police justice or judge of court of any inferior jurisdiction Acknowledgement or proof of conveyance of real estate within NYS or of any other written instrument may be made only by a married woman. --------- Correct Answer ------ --- FALSE- it may be made by a single woman or a married woman A subscribing witness must state his place of residence but does not have to state that he knew or had satisfactory evidence of the identity of the person described in and how executed the instrument --------- Correct Answer --------- FALSE- the subscribing witness must state that he knew the person described in and who executed the instrument or that he has evidence that he is the same person who was subscribing witness to the conveyance. A person taking the acknowledgment or proof of a conveyance must endorse thereupon or attach certificate signed by a country clerk --------- Correct Answer --------- FALSE- the certificate must be signed by the person taking the acknowledgment of proof An officer who takes proof of conveyance or other instrument who is guilty of malfeasance is not liable for damages to the person injured --------- Correct Answer ------ --- FALSE- he is liable for damages to the person injured A conveyance of real property shall not be recorded unless it is in the english language. --------- Correct Answer --------- FALSE- may be recorded if there is attached to it an official translation proved and authenticated in a manner required of conveyances for recording in NYS A deposition (may/may not) be taken before a notary public in a civil proceeding? -------- - Correct Answer --------- a deposition may be taking before a notary public in a civil proceeding Within __ days of the opening of a the safe deposit box, a copy of the notary public's certificate must be mailed to the lessee at his last known postal address --------- Correct Answer --------- 10 days also the box cannot be opened by the lessor until 30 days after notice to the lessee A notary public (has/has not) authority to solemnize marriages? --------- Correct Answer --------- does not have authority, also a notary public may not take the acknowledgement of parties and witnesses to a written contract of marriage The oath of a public officer (may/may not) be administered by a notary public. --------- Correct Answer --------- An oath to an official may be administered by a notary public. A person can act as an attorney in New York State only if admitted to practice as an attorney or counselor in the courts of record in NYS --------- Correct Answer --------- TRUE- there is an exemption for the officers of societies for the prevention of cruelty and certain law students. A notary at the time of appointment must be either a NYS resident or have a place of business in New York State? --------- Correct Answer --------- TRUE - a notary must also be a united states citizen at the time of appointment. however, the department of state, division of licensing services web site adds that notary may also be a permanent resident alien of the united states A NYS resident notary public who moves out of NYS but still maintains a place of business in NYS can continue to be a notary in NYS? --------- Correct Answer --------- TRUE - how if a non resident notary ceases to have a place of business in NYS, then he vacates his office as a notary public. In certain situations, the Secretary of State is not required to satisfy himself of certain notary public requirements of an applicant, such as education? --------- Correct Answer - -------- TRUE- example, when applicant applies less than 6 months after his term of notary has expired, or upon the application of an attorney admitted to practice in NYS, and certain court clerks The Secretary of State can remove a notary without serving a copy of the charges against him? --------- Correct Answer --------- FALSE - the secretary of state must serve the charges and give him an opportunity to be heard. Notaries publics are prohibited from executing wills because they would thereby be acting as an attorney --------- Correct Answer --------- TRUE- notaries public are expressly prohibited from drawing up wills. a notary public is not a public officer --------- Correct Answer --------- FALSE- a notary is a public officer and must not act without having and duly filed the required oath of office A person who acts as a notary without having taken and duly filed the required oath of office is guilty of a _____ --------- Correct Answer --------- misdemeanor, the oath must be as prescribed by law A public officer cannot charge a fee, except where a fee or other compensation is expressly allowed by law. --------- Correct Answer --------- TRUE- also a public officer cannot charge more for the service than is allowed by law A public officer cannot receive a fee in advance of rending the service? --------- Correct Answer --------- FALSE- a public officer can receive a fee in advance if the law allows. also, cannot charge a fee unless the service was actually rendered by him An officer who violates the fee provisions is liable for treble damages to the person aggrieved --------- Correct Answer --------- TRUE- also is liable for punishment prescribed by law for the criminal offense and removal from office The maximum term of an indeterminate sentence shall be at least ____ years. --------- Correct Answer --------- 3 years, the term is fixed by the judge For a class ___ felony, the term shall be fixed by the court and shall not exceed 7 years --------- Correct Answer --------- D A sentence of imprisonment for a class "a" misdemeanor shall be a ___ sentence -------- - Correct Answer --------- maximum of one year of a misdemeanor A person is guilty of forgery in the __ degree when he falsely makes, completes or alters a written instrument --------- Correct Answer --------- Second degree Forgery in the second degree is a class ___ felony --------- Correct Answer --------- D Issuing a false certificate is a class ___ felony --------- Correct Answer --------- E Official misconduct includes willfully committing an act relating to one's office constituting an unauthorized exercise of his official functions --------- Correct Answer ----- ---- TRUE- also includes refraining from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office An officer before whom an oath or affidavit may be taken is bound to administer the same when required. --------- Correct Answer --------- TRUE- refusal to do so is a misdemeanor A person is guilty of perjury if under oath or ___ he has given false testimony --------- Correct Answer --------- AFFIRMATION- the testimony must have been given on a material matter An ___ is formal declaration before an authorized officer by a person who has executed an instrument that such execution is his act and deed. --------- Correct Answer --------- acknowledgement- the officer must know that the person making it is the person described and who executed the instrument It is not essential that the person who executed the instrument sign his name in the presence of the notary. --------- Correct Answer --------- TRUE- however, taking acknowledgements over the phone is illegal A notary who takes an acknowledgment over the telephone is guilty of a _____. --------- Correct Answer --------- misdemeanor Unless the person who makes the acknowledgment appears in front of the notary, the notary's certificate that he so came is _____. --------- Correct Answer --------- Fraudulent Making a false certificate is forgery in the _____ degree --------- Correct Answer --------- Second A notary public (should/should not) take an acknowledgement to a legal instrument to which the notary is a party in interest. --------- Correct Answer --------- should not An (administrator/affiant) is a person appointed by the court to manage the estate of a deceased person who left no will. --------- Correct Answer --------- administrator a (statute/affidavit) is a signed statement, duly sworn, before a notary public or other officer authorized to administer oaths. --------- Correct Answer --------- affidavit An (attestation/apostile) is a department of state authentication attached to a notarized and county certified document for international use --------- Correct Answer --------- Apostile An (authentication/affirmation) is a certificate attached by a county clerk to a certificate of proof or acknowledgment or oath signed by a notary. --------- Correct Answer --------- Authentication Is an _____ the witness certify that the instrument has been executed before them, and the manner of the execution of the same. --------- Correct Answer --------- Attestation clause An ___ is a solemn declaration made by persons who conscientiously decline taking an oath --------- Correct Answer --------- Affirmation A ______ is a written instrument given to pass title of a personal property from vendor to vendee. --------- Correct Answer --------- bill of sale ____ is a writing or writings which evidence both an obligation to pay money and a security interest in specific goods --------- Correct Answer --------- chattel paper a __ is an instrument made subsequent to a will and attached to the will --------- Correct Answer --------- codicil ___ is anything of value given to induce someone to enter into a contract --------- Correct Answer --------- consideration a ___ is a copy of a public record signed and certified as true copy by the public official having custody of the original. --------- Correct Answer --------- certified copy Behavior that is disrespectful of the authority of a court which disrupts the execution of court orders is known as _____ --------- Correct Answer --------- contempt of court A ___ is an agreement between competent parties to do or not do certain things for legal consideration. --------- Correct Answer --------- contract Generally, every instrument (except a will) by which any estate or interest in real property is created, transferred, assigned or surrendered is known as --------- Correct Answer --------- conveyance Another term for County clerk's certificate is ___ --------- Correct Answer --------- authentication A _____ is one who makes an oath to a written statement --------- Correct Answer -------- - deponent A __ is the testimony of a witness taken out of court, before a notary or other person. --- ------ Correct Answer --------- deposition Constraint exercised upon a person whereby he is forced to do some act against his will is known as --------- Correct Answer --------- duress _____ is the placing of an instrument in the hands of a person as a depository who on the happening of an event must deliver it to a third person. --------- Correct Answer ------- -- escrow