California Notary Public ExamJuratsEasy
A Notary Public is presented with a document requiring a jurat. The signer, who is known to the Notary, signs the document in the Notary's presence. However, when asked to swear to the truthfulness of the document, the signer states they prefer not to take an oath due to personal beliefs, but is willing to affirm it. What is the Notary's appropriate action?
- AAdminister an affirmation instead of an oath, as it serves the same legal purpose.
- BAdvise the signer to consult an attorney regarding their religious objections to oaths.
- CProceed with the notarization, noting the signer's refusal to take an oath in the journal.
- DRefuse the notarization because an oath is mandatory for a jurat.
Show answer & explanationAnswer & explanation
Correct answer: A. Administer an affirmation instead of an oath, as it serves the same legal purpose.
California Notary law allows for an affirmation to be administered in place of an oath, as both serve the legal purpose of attesting to the truthfulness of a document under penalty of perjury. The Notary must respect the signer's preference.
Why the other options are wrong
- B. Advising legal counsel is unnecessary as the Notary can simply administer an affirmation.
- C. Proceeding without an oath or affirmation is a violation of jurat requirements.
- D. Refusing the notarization is incorrect; an affirmation is legally equivalent to an oath.
Oath vs. Affirmation (Jurat)
For a jurat, an oath is a solemn promise to a higher power, while an affirmation is a solemn declaration made without reference to a higher power, both attesting to the truthfulness of a document under penalty of perjury.
- Both oath and affirmation fulfill the legal requirement for a jurat.
- Signer's preference for affirmation over oath must be accommodated.
- Administered by the Notary Public to the signer.
Memory trick: Jurat's core: signer's truth, oath or affirm, notary watches.