NYS Legal Terms and Definitions 2 — Questions and Answers
Question 1: The term 'affiant' refers to:
- The notary who administers the oath
- The person who makes a sworn statement in an affidavit (Correct answer)
- The witness to a notarized signature
- The attorney who drafts a notarized document
Correct answer: The person who makes a sworn statement in an affidavit
An affiant is the person who makes the sworn written statement contained in an affidavit.
An affiant is the person who executes an affidavit — a written statement made under oath or affirmation. The affiant swears or affirms before a notary public (or other authorized officer) that the statements in the affidavit are true. The notary administers the oath and certifies the affiant's signature, but the affiant is the person whose sworn statement is being documented.
Question 2: A 'deponent' in New York notary law is:
- The notary taking a deposition
- The person giving sworn testimony in a deposition (Correct answer)
- The attorney questioning the witness
- The court reporter transcribing the testimony
Correct answer: The person giving sworn testimony in a deposition
A deponent is the person who gives sworn testimony in a deposition.
In New York legal terminology, a deponent is the person who testifies under oath in a deposition proceeding. New York notaries are authorized to administer oaths to deponents and certify deposition transcripts. The deponent swears or affirms the truth of their testimony before the notary, who then certifies the oath.
Question 3: The Latin term 'in personam' most closely refers to:
- An action against property
- An action directed against a specific person (Correct answer)
- A written statement under oath
- A notarial act performed abroad
Correct answer: An action directed against a specific person
'In personam' refers to legal proceedings directed against a specific person.
The Latin term 'in personam' literally means 'against the person' and refers to legal jurisdiction or proceedings that are directed against a specific individual. This is contrasted with 'in rem' proceedings, which are directed against property. While not exclusively a notary term, notaries encounter in personam jurisdiction questions when determining whether they can serve a particular individual.
Question 4: When a notary 'certifies' a copy, the word 'certify' means:
- The notary swears to the truth of the document's contents
- The notary confirms the copy is an accurate reproduction of the original (Correct answer)
- The notary guarantees the document is legally enforceable
- The notary asserts the document was properly filed
Correct answer: The notary confirms the copy is an accurate reproduction of the original
To certify a copy means to confirm it is an accurate reproduction of the original document.
When a notary certifies a copy, they are confirming that the copy is a true, accurate, and complete reproduction of the original document they examined. The notary is NOT certifying that the information in the document is true or that the document is legally valid — only that the copy faithfully reproduces the original.
Question 5: A 'venue' on a notarial certificate refers to:
- The location of the signing party's residence
- The state and county where the notarization took place (Correct answer)
- The address of the notary's office
- The court where the document will be filed
Correct answer: The state and county where the notarization took place
The venue identifies the state and county where the notarial act was performed.
On a notarial certificate, the 'venue' is the jurisdictional statement that identifies where the notarization occurred. Written as 'State of New York, County of ___,' the venue establishes under which jurisdiction's law the notarial act was performed. The venue is essential for legal recognition of the notarization by courts and recording offices.
Question 6: The term 'attestation' in notarial context means:
- A sworn oral statement to a judge
- The act of witnessing and certifying the execution of a document (Correct answer)
- The notary's personal guarantee of document accuracy
- A court order directing notarization
Correct answer: The act of witnessing and certifying the execution of a document
Attestation refers to witnessing and certifying the signing or execution of a document.
In notarial and legal contexts, attestation is the act of witnessing the signing (execution) of a document and certifying that witnessing. When a notary attests to a signature, they are certifying that the person signed the document in their presence. Attestation is similar to acknowledgment but may be used in different contexts depending on the document requirements.
NYS Legal Terms and Definitions 2
The term 'affiant' refers to: