Free LA Notary Civil Code Questions and Answers 1 — Questions and Answers
Question 1: True about a notary:
- only becomes effective when principal becomes disabled and disability is certified by two physicians.
- receive a return on their investment, risk no more than what they invest, but do NOT make management decisions
- follows the land into whatever hands the property may pass, if not cancelled.
- Need to have a $10,000 bond Commissioned by governor for life Supervised by district court is a public official (Correct answer)
Correct answer: Need to have a $10,000 bond Commissioned by governor for life Supervised by district court is a public official
Louisiana notaries are unique public officials with broad powers, commissioned for life by the governor. They are required to have a $10,000 bond to protect the public from potential errors or misconduct. As public officials, they are supervised by the district court and play a crucial role in authenticating documents and transactions within the state's civil law system.
Question 2: The two types of private trusts in Louisiana law are:
- ordinary and class (Correct answer)
- certificate of incorporation.
- immovable by declaration
- certificate of organization.
Correct answer: ordinary and class
Louisiana law recognizes specific types of private trusts to allow for flexible estate planning and asset management. The two main categories of private trusts in Louisiana are ordinary trusts and class trusts. These classifications dictate how beneficiaries are identified and how the trust assets are managed and distributed.
Question 3: An affidavit can be made valid by a witness acknowledgement.
- Bylaws
- intestate
- he/she can be fined $200 risks liability because of the effects of the public record doctrine
- false (Correct answer)
Correct answer: false
An affidavit is a sworn written statement, and its validity hinges on the affiant (the person making the statement) taking an oath or affirmation before a notary or other authorized official. While a witness might observe the signing, their acknowledgment alone does not make the affidavit valid. The essential component is the affiant's sworn declaration, attested to by the notary.
Question 4: The prescriptive period for acts or omissions of notaries that cause damage (negligence in preparation of documents) is:
- true, if the acts are valid according to law.
- one year from the act or omission or one year from date of discovery of act/omission, but not more than three years from date of act/omission. (Correct answer)
- weight in the civil law system.
- it's the law between the parties. must be performed in good faith.
Correct answer: one year from the act or omission or one year from date of discovery of act/omission, but not more than three years from date of act/omission.
Louisiana law establishes specific prescriptive periods for legal actions, including those against notaries for negligence. The prescriptive period for acts or omissions of notaries that cause damage is one year from the date of the act or omission, or one year from the date of discovery of the act or omission. However, this period is capped at a maximum of three years from the date of the act or omission, providing a definitive limit for liability.
Question 5: A mineral servitude is an example of:
- incorporeal immovables (Correct answer)
- incorporeal immovables
- incorporeal immovables
- incorporeal immovables
Correct answer: incorporeal immovables
In Louisiana Civil Law, property can be classified as corporeal (having a body) or incorporeal (without a body), and further as movable or immovable. A mineral servitude is a right to explore for and extract minerals from another's land. Since it is a right related to immovable property (land) but does not have a physical body itself, it is classified as an incorporeal immovable.
Free LA Notary Civil Code Questions and Answers 1
True about a notary: