California Notary Public ExamJuratsEasy
A Notary Public is presented with a document for a jurat. The signer, who is known to the Notary, asks if the Notary can simply sign and seal the jurat certificate without administering the oath, as they are in a hurry. What is the Notary Public's correct response?
- APerform an acknowledgment instead, as it does not require an oath.
- BRefuse and explain that administering an oath or affirmation is a mandatory element of a jurat.
- CAgree, but make a note in the journal that the oath was waived.
- DExplain that while the oath is important, expediency is sometimes necessary for known signers.
Show answer & explanationAnswer & explanation
Correct answer: B. Refuse and explain that administering an oath or affirmation is a mandatory element of a jurat.
Administering an oath or affirmation is the defining and mandatory element of a jurat. Without it, the act is not a jurat and cannot be performed as such, regardless of whether the signer is known to the Notary or in a hurry.
Why the other options are wrong
- A. An acknowledgment serves a different purpose and cannot be substituted for a jurat if a jurat is required by the document.
- C. The oath is a legal requirement and cannot be waived or simply noted as such.
- D. Notary Publics must adhere strictly to legal requirements; expediency is not a valid reason to bypass mandatory steps.
Jurat - Mandatory Oath
The administration of an oath or affirmation by the Notary Public to the signer, binding them to the truthfulness of the document's contents, is the defining and mandatory element of every jurat.
- Oath/affirmation is always required.
- Cannot be waived for any reason.
- Distinguishes a jurat from other notarizations.
Memory trick: No oath, no jurat's worth; truth's pledge, from birth to earth!