Glossary of Terms, Exercises of Law

Download Glossary of Terms and more Exercises Law in PDF only on Docsity! Glossary of Terms This glossary has been prepared to assist notaries in understanding commonly used words related to legal documents and the performance of their duties. The definitions are not precise legal definitions, but are generally based on Black's Law Dictionary, Fifth Edition. ACKNOWLEDGMENT A formal declaration before an authorized official (a notary public) by a person signing an instrument that such execution is his or her free act and deed. The term also refers to the notary's certificate on the document indicating that it was so acknowledged. ADMINISTER To discharge the duties of an office; to give (as in the giving of an oath). AFFIDAVIT A written statement of facts made voluntarily and confirmed by the oath or affirmation of the party making it before an officer authorized to administer oaths, i.e., a notary public. AFFIRM To make a solemn, formal declaration under the penalty of perjury that certain statements are true. An affirmation is legally equivalent to an oath and may be substituted for an oath when a document requires an oath for its execution, i.e., an affidavit. AFFIX To attach or impress the notary seal to a document. APOSTILLE A certificate of notarial authority issued by the Florida Secretary of State for notarized documents being sent out of Florida to those countries who are parties to the international treaty commonly known as the Hague Convention. ATTEST To bear witness to or to certify. AUTHENTICATION A process by which the Florida Secretary of State certifies or verifies the status of a notary public. An Apostille or a Certificate of Notarial Authority is attached to the notarized document. CERTIFIED COPY A copy of a document or record, signed and certified as a true copy by the public official who has custody of the original record. NOTE: A notary may make an "attested photocopy," but not a certified copy. A certified copy is not the same as an original document. CODICIL A supplement or addendum to a will. COERCE To force into submission or compliance. COMMISSION The certificate issued by the Governor verifying appointment as a notary public and authorizing the notary public to perform the official acts of that office. The commission also bears the commission number and the beginning and ending dates of the term of appointment. CUSTODIAN OF THE DOCUMENT The person who has charge or custody of the document. In the case of making an attested photocopy, the "document's custodian" is the person presenting the document, who may or may not be the document signer. DEED A document by which a person conveys (tranfers) real property. Quitclaim Deed A deed intended to pass any title, interest, or claim which the grantor may have in the real property, but not professing that such title is valid or containing any warranty for title. Warranty Deed A deed in which the grantor warrants or guarantees good clear title to the real property. DEPONENT The person giving testimony in a deposition. DEPOSITION The testimony of a witness, under oath or affirmation, taken outside of court in which lawyers ask oral questions of the witness. The testimony is usually reduced to writing and duly authenticated and is intended to be used in a trial of a civil action or a criminal prosecution. EXECUTE A DOCUMENT To perform all formalities necessary to make a document fully effective; often a matter of signing, but may require delivery or other elements. FLORIDA NOTARY PUBLIC A public officer appointed by the Governor whose function is to administer oaths; to take acknowledgments of deeds and other instruments; to attest to photocopies of certain documents; and to perform other duties specified by law. FLORIDA STATUTES Legislatively enacted laws which govern our state, as opposed to court-decided or unwritten common laws. FREE ACT AND DEED To admit one's act and assume the responsibility for it. GRANTEE A person who receives the deed of real property from the grantor, i.e., generally the buyer. GRANTOR The person who transfers a deed of real property, i.e, generally the seller. INSTRUMENT A written document. JURAT The written notarial certificate on any sworn statement or affidavit completed by the notary public indicating that the document was sworn or affirmed to by the signer.