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Oaths and Affirmations Flashcards

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  1. Under Arizona law, what is the key difference between an oath and an affirmation when administered by a notary?

    Answer: An oath invokes a divine being, while an affirmation is a solemn pledge on the affiant's personal honor

    An oath is a solemn pledge invoking a divine being, while an affirmation is an equally solemn pledge on the person's personal honor, used when the individual has a conscientious objection to swearing by a deity.

  2. When administering an oath or affirmation in Arizona, the notary public must:

    Answer: Require the person to appear in person and verbally respond to the notary's words

    For a valid oath or affirmation in Arizona, the person must be personally present before the notary and verbally respond (e.g., 'I do' or 'I swear/affirm') to confirm their commitment to the truthfulness of their statement.

  3. A notary public in Arizona charges $10 for administering an oath. Under ARS §41-328, this fee is:

    Answer: Within the legal limit, as the maximum fee for administering an oath is $10

    ARS §41-328 sets the maximum fee for administering an oath or affirmation at $10. Charging $10 is exactly at the legal limit and therefore permissible.

  4. Which of the following is a proper use of an oath administered by an Arizona notary public?

    Answer: Swearing in a deponent before they give testimony at a deposition

    Administering an oath to a deponent before a deposition is a classic and proper use of a notary's authority to administer oaths in Arizona.

  5. What wording is commonly used by an Arizona notary when administering an oath?

    Answer: 'Do you solemnly swear that the statements you are about to make are true, so help you God?'

    The standard wording for an oath requires the notary to ask the person to swear to the truth of their statements, invoking divine witness. The person then responds 'I do' or 'I swear.'

  6. An Arizona notary is asked to administer an affirmation to a person who objects to swearing by God on religious grounds. The notary should:

    Answer: Administer an affirmation using language that does not reference a divine being

    By law, a notary must offer an affirmation as an alternative to an oath when requested. The affirmation has identical legal effect and omits reference to a deity, instead invoking the person's personal honor.