New York State Notary Public License Law Vocabulary

Vocabulary practice flashcards covering legal terms, statutory definitions, and misconduct classifications from the NYS Notary Public License Law.

Acknowledgment

A formal declaration before a duly authorized officer by a person who has executed an instrument that such execution is his act and deed.

Administrator

A person appointed by the court to manage the estate of a deceased person who left no will.

Affiant

The person who makes and subscribes his signature to an affidavit.

Affidavit

A signed statement, duly sworn to, by the maker thereof, before a notary public or other officer authorized to administer oaths.

Affirmation

A solemn declaration made by persons who conscientiously decline taking an oath; it is legally equivalent to an oath and is just as binding.

Apostille

Department of State authentication attached to a notarized and county-certified document for possible international use.

Attest

To witness the execution of a written instrument, at the request of the person who makes it, and subscribe the same as a witness.

Attestation Clause

That clause (e.g., at the end of a will) wherein the witnesses certify that the instrument has been executed before them, and the manner of the execution of the same.

Authentication (Notarial)

A certificate subjoined by a county clerk to any certificate of proof or acknowledgment or oath signed by a notary; this county clerk's certificate authenticates or verifies the authority of the notary public to act as such.

Bill of Sale

A written instrument given to pass title of personal property from vendor to vendee.

Certified Copy

A copy of a public record signed and certified as a true copy by the public official having custody of the original.

Chattel

Personal property, such as household goods or fixtures.

Chattel Paper

A writing or writings which evidence both an obligation to pay money and a security interest in a lease or specific goods.

Codicil

An instrument made subsequent to a will and modifying it in some respects.

Communication Technology

An electronic device or process that allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound, and facilitates communication with an individual having a vision, hearing, or speech impairment.

Consideration

Anything of value given to induce entering into a contract, which may be money, personal services, or even love and affection.

Contempt of Court

Behavior disrespectful of the authority of a court which disrupts the execution of court orders.

Contract

An agreement between competent parties to do or not to do certain things for a legal consideration, whereby each party acquires a right to what the other possesses.

Conveyance (Deed)

Every written instrument, except a will, by which any estate or interest in real property is created, transferred, assigned or surrendered.

Credential Analysis

A process or service through which a third party affirms the validity of government-issued identification through review of public and proprietary data sources.

Deponent

One who makes oath to a written statement; technically, a person subscribing a deposition but used interchangeably with affiant.

Deposition

The testimony of a witness taken out of court or other hearing proceeding, under oath or by affirmation, before a notary public or other authorized person, intended to be used at the trial or hearing.

Duress

Unlawful constraint exercised upon a person whereby he is forced to do some act against his will.

Electronic Notarial Act

An official act by a notary public, physically present in the state of New York, on or involving an electronic record and using communication technology authorized by the secretary of state.

Escrow

The placing of an instrument in the hands of a person as a depository who, on the happening of a designated event, is to deliver the instrument to a third person.

Executor

One named in a will to carry out the provisions of the will.

Ex Parte

A hearing or examination in the presence of, or on papers filed by, one party and in the absence of the other.

Felony

A crime punishable by death or imprisonment in a state prison.

Forgery in the Second Degree

A class D felony committed when a person, with intent to defraud, deceive, or injure another, falsely makes, completes, or alters specified written instruments such as deeds, wills, or public records.

Guardian

A person in charge of a minor's person or property.

Identity Proofing

A process by which a credential service provider collects, validates, and verifies information about a person.

Issuing a False Certificate

A class E felony committed when a public servant authorized to issue official certificates issues such an instrument with intent to defraud, deceive, or injure another, knowing that it contains a false statement.

Judgment

Decree of a court declaring that one individual is indebted to another and fixing the amount of such indebtedness.

Jurat

That part of an affidavit where the officer (notary public) certifies that it was sworn to before him.

Laches

The delay or negligence in asserting one's legal rights.

Lease

A contract whereby, for a consideration (usually rent), one who is entitled to the possession of real property transfers such right to another for life, for a term of years, or at will.

Lien

A legal right or claim upon a specific property which attaches to the property until a debt is satisfied.

Litigation

The act of carrying on a lawsuit.

Misdemeanor

Any crime other than a felony.

Mortgage On Real Property

An instrument in writing, duly executed and delivered, that creates a lien upon real estate as security for the payment of a specified debt.

Notary Public

A public officer who executes acknowledgments of deeds or writings, and administers oaths and affirmations as to the truth of statements contained in papers or documents requiring an oath.

Oath

A verbal pledge given by the person taking it that his statements are made under an immediate sense of his responsibility to God, who will punish the affiant if the statements are false.

Official Misconduct

A class A misdemeanor committed when a public servant, with intent to obtain a benefit or injure another, performs an unauthorized exercise of official functions or refrains from performing a legal duty.

Plaintiff

A person who starts a suit or brings an action against another.

Power of Attorney

A written statement by an individual giving another person the power to act for him.

Proof

The formal declaration made by a subscribing witness to the execution of an instrument setting forth his place of residence, that he knew the person described in and who executed the instrument, and that he saw such person execute it.

Protest

A formal statement in writing by a notary public, under seal, that a certain bill of exchange or promissory note was presented for payment or acceptance and that payment or acceptance was refused.

Statute

A law established by an act of the Legislature.

Statute of Frauds

State law which provides that certain contracts must be in writing or partially complied with in order to be enforceable at law.

Statute of Limitations

A law that limits the time within which a criminal prosecution or a civil action must be started.

Subordination Clause

A clause which permits the placing of a mortgage at a later date which takes priority over an existing mortgage.

Taking an Acknowledgment

The act of the person named in an instrument telling the notary public that he is the person named and acknowledging that he executed the instrument, as well as the notary obtaining satisfactory evidence of identity.

Venue

The geographical place where a notary public takes an affidavit or acknowledgment.

Will

The disposition of one's property to take effect after death.