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Questions and Answers
A legal document that commands a person to appear in court and provide oral testimony is known as what?
A legal document that commands a person to appear in court and provide oral testimony is known as what?
- Warrant of arrest
- Subpoena duces tecum
- Judicial affidavit
- Subpoena ad testificandum (correct)
What specific type of subpoena requires a witness to produce documents or physical evidence in court?
What specific type of subpoena requires a witness to produce documents or physical evidence in court?
- Court order
- Writ of habeas corpus
- Subpoena ad testificandum
- Subpoena duces tecum (correct)
In court proceedings, a written sworn statement submitted in place of direct testimony is referred to as which of the following?
In court proceedings, a written sworn statement submitted in place of direct testimony is referred to as which of the following?
- Pleading
- Judicial affidavit (correct)
- Interrogatory
- Deposition
The questioning of a witness presented by the opposing party in a trial or hearing is known as what?
The questioning of a witness presented by the opposing party in a trial or hearing is known as what?
After a witness has been cross-examined, what is the term for the original party's opportunity to ask further questions?
After a witness has been cross-examined, what is the term for the original party's opportunity to ask further questions?
Sworn written statements used to substitute previously filed affidavits are best described as what?
Sworn written statements used to substitute previously filed affidavits are best described as what?
Which notarial act verifies that a document signer appeared before the notary and willingly signed the document, acknowledging their rights involved?
Which notarial act verifies that a document signer appeared before the notary and willingly signed the document, acknowledging their rights involved?
What is the term for a formal declaration where someone agrees to be punished by law if they commit perjury?
What is the term for a formal declaration where someone agrees to be punished by law if they commit perjury?
The official document or appointment that grants authority to perform notarial acts is generally known as what?
The official document or appointment that grants authority to perform notarial acts is generally known as what?
Which notarial act is specifically designed to verify that a copy of a document is an accurate reproduction of the original?
Which notarial act is specifically designed to verify that a copy of a document is an accurate reproduction of the original?
A public official authorized to administer oaths, certify documents, and perform certain legal formalities is typically known as what?
A public official authorized to administer oaths, certify documents, and perform certain legal formalities is typically known as what?
The section of an affidavit where the notary certifies that the signer swore to or affirmed the truth of the contents is called what?
The section of an affidavit where the notary certifies that the signer swore to or affirmed the truth of the contents is called what?
What is the term for the process of performing a notarial duty, such as witnessing a signature or administering an oath?
What is the term for the process of performing a notarial duty, such as witnessing a signature or administering an oath?
The written statement completed by a notary that certifies a notarial act is known as what?
The written statement completed by a notary that certifies a notarial act is known as what?
What tool is used by a notary to authenticate notarial acts?
What tool is used by a notary to authenticate notarial acts?
In the context of notarization, what term refers to the person whose signature is being notarized?
In the context of notarization, what term refers to the person whose signature is being notarized?
An individual commissioned to perform notarial acts may be referred to by which of the following terms?
An individual commissioned to perform notarial acts may be referred to by which of the following terms?
The location where a notary performs the majority of their official duties is known as what?
The location where a notary performs the majority of their official duties is known as what?
What term describes someone who is a party to a legal transaction or has knowledge of it?
What term describes someone who is a party to a legal transaction or has knowledge of it?
Which notarial act involves verifying a signer's identity and watching the act of signing?
Which notarial act involves verifying a signer's identity and watching the act of signing?
Who is the judge authorized to issue Certificates of Authority for notarial commissions?
Who is the judge authorized to issue Certificates of Authority for notarial commissions?
What document is issued by the Executive Judge authorizing a notary to obtain an official seal?
What document is issued by the Executive Judge authorizing a notary to obtain an official seal?
What do you call a document that lacks material information or signatures and cannot be notarized?
What do you call a document that lacks material information or signatures and cannot be notarized?
What certificate is issued when a notary fails to meet the requirements for commission?
What certificate is issued when a notary fails to meet the requirements for commission?
Flashcards
Subpoena ad testificandum
Subpoena ad testificandum
A legal document commanding a person to appear in court and give oral testimony.
Subpoena duces tecum
Subpoena duces tecum
A subpoena requiring a witness to bring documents or evidence to court.
Judicial affidavit
Judicial affidavit
A written sworn statement submitted in place of direct testimony in court proceedings.
Cross-examine
Cross-examine
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Re-direct
Re-direct
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Replacement affidavits
Replacement affidavits
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Acknowledgment
Acknowledgment
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Affirmation (oath)
Affirmation (oath)
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Commission
Commission
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Copy certification
Copy certification
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Notary Public
Notary Public
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Jurat
Jurat
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Notarial act and notarization
Notarial act and notarization
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Notarial certificate
Notarial certificate
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Official seal
Official seal
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Principal
Principal
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Notary public and notary
Notary public and notary
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Regular place of work or business
Regular place of work or business
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Privy
Privy
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Signature witnessing
Signature witnessing
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Study Notes
- Subpoena ad testificandum is a legal document ordering a person to appear in court to give oral testimony.
- Subpoena duces tecum is a subpoena that requires a witness to bring documents or evidence to court.
- A judicial affidavit is a written sworn statement submitted in place of direct testimony during court proceedings.
- Cross-examination refers to the act of questioning a witness by the opposing party.
- Re-direct is the follow-up questioning of a witness by the party who originally called them, after cross-examination.
- Replacement affidavits are sworn written statements submitted to substitute previously filed affidavits.
- Acknowledgment is a notarial act that confirms a document signer appeared before the notary.
- The signer admits to signing the document willingly, given that there are rights involved.
- Affirmation (oath) is the formal declaration by someone who agrees to be punished by law if perjury is committed.
- Commission is the term for the official document or appointment granting authority to perform notarial acts.
- Copy certification is a notarial act verifying that a document copy is a true and correct original reproduction.
- A notary public is a public official authorized to perform legal formalities, administering oaths and certifying documents.
- Jurat is the part of an affidavit where the notary certifies that the signer swore to/affirmed the truth of the contents.
- A notarial act/notarization involves performing a notarial duty like witnessing a signature or administering an oath.
- A notarial certificate is a written statement completed by a notary that certifies a notarial act.
- An official seal is used by a notary to authenticate notarial acts.
- Principal refers to the person whose signature is being notarized.
- Notary public and notary is the term for an individual commissioned to perform notarial acts.
- The regular place of work/business is where a notary performs the majority of their official duties.
- Privy refers to someone who is party to a legal transaction or has knowledge of it.
- Signature witnessing is a notarial act involving verifying a signer’s identity and observing the signing.
- An executive judge issues Certificates of Authority for notarial commissions.
- A Certificate of Authorization to Purchase a Notarial Seal is issued by the executive judge for a notary to obtain an official seal.
- An incompetent certificate is issued when a notary fails to meet commission requirements.
- An incomplete document lacks material information/signatures, meaning it cannot be notarized.
- A pleading is a formal written statement filed with the court that outlines a party’s claims or defenses.
- A complaint is the initial pleading filed by the plaintiff, stating the cause of action.
- A counterclaim is a claim made by a defendant against the plaintiff in response to the complaint.
- A cross-claim is a claim filed by one defendant against a co-defendant.
- A third-party complaint is filed by a defendant against someone not yet involved in the lawsuit.
- An answer is the defendant’s written response to a complaint.
- A reply is the plaintiff’s response to a counterclaim or answer.
- An affirmative defense admits allegations but offers new information to justify/excuse the defendant’s actions.
- A negative defense is a type of defense that directly denies the truth of the allegations.
- A caption identifies the court, case number, and parties involved in a pleading.
- A compulsory counterclaim arises from the same transaction as the original claim and must be raised in the same suit.
- The body of a pleading contains the allegations/claims being made.
- A paragraph is a numbered section used to organize content in pleadings.
- A heading is a title/label at the beginning of a document section, indicating its contents.
- Forum shopping involves filing multiple cases in different courts to find a favorable ruling.
- Construction is the process of determining the meaning and intent of legal texts.
- Legislative intent refers to the purpose the lawmakers had when enacting a statute.
- Legislative purpose refers to the goals the legislature aimed to achieve with a statute.
- Legislative meaning is the precise interpretation assigned to words used by lawmakers in a statute.
- Interpretation is the act of determining what legal text means.
- Verba legis non est recedendum is a Latin maxim meaning "From the words of the law, there must be no departure."
- Index animi sermo est is a Latin legal phrase that means, "Speech is the index of intention."
- Expressio unius est exclusio alterius is a rule of interpretation where the expression of one thing implies the exclusion of others.
- Legis interpretation legis vim obtinet is a principle stating that the interpretation of law has the force of law.
- Stare decisis et non quieta movere is a legal doctrine emphasizing adhering to precedent.
- Casus omissus pro omisso habendus est is a rule that a situation omitted from a statute is to be considered intentionally excluded.
- Noscitur a sociis is a construction rule that means a word's meaning can be understood from its context.
- Ratio legis est anima means "The reason of the law is its soul."
- Obiter dictum is a judge's remark/opinion in a decision that is non-essential to the ruling and not legally binding.
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