Podcast
Questions and Answers
Which of the following elements is NOT considered an essential part of an affidavit?
Which of the following elements is NOT considered an essential part of an affidavit?
- The name, status, citizenship, and address of the affiant
- The signature of the affiant
- A statement that the affiant has been duly sworn to
- The reason for the affidavit (correct)
Which statement accurately describes the role of the jurat in an affidavit?
Which statement accurately describes the role of the jurat in an affidavit?
- The jurat is a section where the notary public attests to the affiant's signing the affidavit. (correct)
- The jurat is a section where the affiant confirms the accuracy of the information provided.
- The jurat is a brief summary of the key facts contained in the affidavit.
- The jurat serves as a written oath that the affiant has truthfully presented their statement.
What is the primary function of an affidavit?
What is the primary function of an affidavit?
- To act as a binding contract between two parties.
- To serve as a formal request for specific actions from an authority.
- To provide a sworn statement that can be used as evidence in legal proceedings. (correct)
- To provide legal advice to the affiant.
Which of the following scenarios would result in an affidavit being deemed 'not lawful'?
Which of the following scenarios would result in an affidavit being deemed 'not lawful'?
What is the significance of the signature on an affidavit?
What is the significance of the signature on an affidavit?
What is the difference between a jurat and an acknowledgment?
What is the difference between a jurat and an acknowledgment?
Why is it crucial that the facts presented in an affidavit are based on the affiant's personal knowledge?
Why is it crucial that the facts presented in an affidavit are based on the affiant's personal knowledge?
What is the purpose of the witnesses in the JURAT form No. 5?
What is the purpose of the witnesses in the JURAT form No. 5?
In what language must the contents of the affidavit be explained to the affiant?
In what language must the contents of the affidavit be explained to the affiant?
How does the JURAT form No. 6 differ from JURAT form No. 5?
How does the JURAT form No. 6 differ from JURAT form No. 5?
Who is considered a stranger to the notary public in JURAT form No. 6?
Who is considered a stranger to the notary public in JURAT form No. 6?
What is the purpose of the affiant's 'ID name and number and expiry date'?
What is the purpose of the affiant's 'ID name and number and expiry date'?
What is the purpose of the JURAT form No. 3?
What is the purpose of the JURAT form No. 3?
What information is required from the affiant in both JURAT forms?
What information is required from the affiant in both JURAT forms?
What is the role of the witnesses in JURAT Form No. 3?
What is the role of the witnesses in JURAT Form No. 3?
What is the difference between JURAT Form No. 3 and JURAT Form No. 4?
What is the difference between JURAT Form No. 3 and JURAT Form No. 4?
What does the phrase "not privy to the affidavit" mean in the context of the witnesses?
What does the phrase "not privy to the affidavit" mean in the context of the witnesses?
What is the purpose of the notary public's signature and seal?
What is the purpose of the notary public's signature and seal?
What language is used to explain the contents of the affidavit to the affiant in JURAT Form No. 3?
What language is used to explain the contents of the affidavit to the affiant in JURAT Form No. 3?
Why is it important for the affiant to understand the contents of the affidavit?
Why is it important for the affiant to understand the contents of the affidavit?
What type of information is expected to be provided in the "state name and address of the two witnesses" section?
What type of information is expected to be provided in the "state name and address of the two witnesses" section?
What is the purpose of providing "competent evidence of identity" in JURAT Form No. 4?
What is the purpose of providing "competent evidence of identity" in JURAT Form No. 4?
Which of the following is NOT a requirement for a JURAT?
Which of the following is NOT a requirement for a JURAT?
What is the primary purpose of an ACKNOWLEDGMENT?
What is the primary purpose of an ACKNOWLEDGMENT?
Which of the following instruments typically requires an ACKNOWLEDGMENT?
Which of the following instruments typically requires an ACKNOWLEDGMENT?
According to the 2004 Rules on Notarial Practice, what must individuals present if they are not personally known to the notary?
According to the 2004 Rules on Notarial Practice, what must individuals present if they are not personally known to the notary?
What information must appear below the notary's signature and seal on an ACKNOWLEDGMENT or JURAT?
What information must appear below the notary's signature and seal on an ACKNOWLEDGMENT or JURAT?
Which of the following is NOT a component of an ACKNOWLEDGMENT?
Which of the following is NOT a component of an ACKNOWLEDGMENT?
Why does the notary need to be personally known to the individual or have competent evidence of identity?
Why does the notary need to be personally known to the individual or have competent evidence of identity?
Which of the following scenarios would typically require a JURAT?
Which of the following scenarios would typically require a JURAT?
What information is typically found in the lower left portion of a notarial register entry?
What information is typically found in the lower left portion of a notarial register entry?
What is the primary reason for the notary public to verify the affiant's identity?
What is the primary reason for the notary public to verify the affiant's identity?
What is the purpose of the Roll of Attorney Number listed in the notary public's information?
What is the purpose of the Roll of Attorney Number listed in the notary public's information?
Which JURAT form should be used if the affiant is not personally known to the notary public?
Which JURAT form should be used if the affiant is not personally known to the notary public?
What is the significance of the Commission Expires on date in the notary public's information?
What is the significance of the Commission Expires on date in the notary public's information?
What is the purpose of the thumbmark when an affiant is illiterate, blind, or physically impaired?
What is the purpose of the thumbmark when an affiant is illiterate, blind, or physically impaired?
What should the notary public do if they are not personally familiar with the affiant?
What should the notary public do if they are not personally familiar with the affiant?
What is the primary purpose of the JURAT?
What is the primary purpose of the JURAT?
Which of these aspects is NOT typically included in a notary public's information?
Which of these aspects is NOT typically included in a notary public's information?
What is the role of a credible witness when an affiant is illiterate, blind, or physically impaired?
What is the role of a credible witness when an affiant is illiterate, blind, or physically impaired?
Flashcards
Affidavit
Affidavit
A written statement confirmed by the affiant before a Notary Public.
Essential Parts of an Affidavit
Essential Parts of an Affidavit
Includes venue, affiant details, sworn statement, signature, jurat, and notarization.
Three Essential Elements
Three Essential Elements
- Written oath of facts by affiant, 2. Affiant's signature, 3. Officer's attestation.
Lawful Affidavit Criteria
Lawful Affidavit Criteria
Must be signed in officer's presence and have an administered oath.
Signup and view all the flashcards
Signature in Affidavit
Signature in Affidavit
Valid if manual, electronic, using a device, or trade name.
Signup and view all the flashcards
Jurat
Jurat
Part of an affidavit where the notary certifies the document was sworn to.
Signup and view all the flashcards
Acknowledgment
Acknowledgment
The act of declaring a deed before a competent officer.
Signup and view all the flashcards
Thumbmark
Thumbmark
A mark made by an affiant using their thumb instead of a signature.
Signup and view all the flashcards
Witnesses in Jurat
Witnesses in Jurat
Individuals who can attest to the identity of the affiant in a jurat.
Signup and view all the flashcards
Validating Identity
Validating Identity
Process of confirming an affiant's identity, usually through ID or witnesses.
Signup and view all the flashcards
Affiant's Capacity
Affiant's Capacity
Understanding if the affiant has the ability to sign, like being literate or not physically impaired.
Signup and view all the flashcards
Jurat Types
Jurat Types
Different forms of jurats based on the affiant's identity evidence and witness credibility.
Signup and view all the flashcards
Notary Public
Notary Public
An official authorized to witness signatures, administer oaths, and certify documents.
Signup and view all the flashcards
Oath or Affirmation
Oath or Affirmation
A pledge made by an individual promising the truth of their statements.
Signup and view all the flashcards
Competent Evidence of Identity
Competent Evidence of Identity
Proof that an individual is who they claim to be, such as ID verification.
Signup and view all the flashcards
Integrally Complete Instrument
Integrally Complete Instrument
A document that is complete and ready for acknowledgment without any missing parts.
Signup and view all the flashcards
Transfer of Title
Transfer of Title
The process of transferring ownership from one party to another via documents.
Signup and view all the flashcards
Notarial Certification
Notarial Certification
A certification by a notary verifying that the requirements of the legal transaction have been met.
Signup and view all the flashcards
Mandatory Continuing Legal Education (MCLE)
Mandatory Continuing Legal Education (MCLE)
Ongoing training required for legal professionals to maintain their knowledge and skills.
Signup and view all the flashcards
Notarial Register
Notarial Register
A record documenting notarized transactions including document details.
Signup and view all the flashcards
Personally Known Affiant
Personally Known Affiant
An affiant the notary public recognizes without needing evidence of identity.
Signup and view all the flashcards
Affiant
Affiant
An individual who makes a sworn statement in an affidavit.
Signup and view all the flashcards
Thumbmark Signature
Thumbmark Signature
A method for illiterate, blind, or impaired affiants to sign documents.
Signup and view all the flashcards
Credible Witness
Credible Witness
A witness who verifies an affiant’s identity or actions in front of a notary.
Signup and view all the flashcards
Jurat Form No. 1
Jurat Form No. 1
For affiants known to the notary without needing ID verification.
Signup and view all the flashcards
Jurat Form No. 2
Jurat Form No. 2
For affiants who are strangers to the notary with valid proof of identity.
Signup and view all the flashcards
Notary Public Responsibilities
Notary Public Responsibilities
Notary must verify identity, administer oaths, and document sworn statements.
Signup and view all the flashcards
Witness
Witness
A person who sees an event, typically related to the signing of a document.
Signup and view all the flashcards
Language comprehension
Language comprehension
Understanding the language in which an affidavit is explained.
Signup and view all the flashcards
Legal capacity
Legal capacity
The ability to understand and execute legal documents.
Signup and view all the flashcards
Certify
Certify
To formally attest or confirm the authenticity of a document.
Signup and view all the flashcardsStudy Notes
Affidavit Definitions
- An affidavit is a written statement of facts, voluntarily executed and confirmed by the affiant and signed before a notary public or authorized officer.
Essential Parts of an Affidavit
- Venue (location) where the affidavit is made
- Affiant's name, status, citizenship, and address
- Statement that the affiant was duly sworn
- Matters of fact declared and sworn to by the affiant
- Signature of the affiant
- Jurat (notary public's signature and seal) and other required information.
General Elements of an Affidavit
- A written oath representing facts sworn to by the affiant
- The affiant's signature
- Attestation by an authorized officer that the affidavit was sworn before them.
Affidavit Not Considered "Lawful"
- Signed outside the officer's presence
- No oath administered
Affidavit Signature
- Must be signed by the person preparing; manually or electronically
- Can be made using a trade name or assumed name
- Shows the author's knowledge of the facts in the affidavit.
Jurat
- Certifies the document was signed and sworn to before the officer.
Acknowledgment
- Act of declaring a document to be one's act or deed before a competent officer or court.
Jurat and Acknowledgment
- A single transaction where an individual presents a document to a notary, is identified, signs the document, and declares the instrument/document to be their act.
Notary Public Requirements for an Affidavit (in a Document)
- The notary's full name/title
- Notary's official roll number
- Commission expiration date
- IBP official receipt number
- Professional Tax receipt number
- Mandatory Continuing Legal Education (MCLE) compliance or exemption details
- Office address
- Phone/fax/email address
Forms of Affidavit
-
Depending on the affiant's personal knowledge, literacy, or impairments in signing
-
Affiant is personally known to the notary: no further evidence required
-
Affiant is not known to the notary: valid evidence of identity required; and if illiterate, blind or physically impaired, witnesses might be required, with specific considerations for thumbmarks.
-
Affidavit with thumbmarks, requires witnesses and acknowledgment
-
Notary public's official seal is sufficient for authentication
Consequences of False Affidavit
- Perjury is a crime, punishable by up to 2 years and four months imprisonment.
Affidavit Taking in Another State
- Affidavits from another state require an accompanying certificate authenticating the notary's authority.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
