California Notary Public ExamJuratsMedium
A Notary Public is presented with a document requiring a jurat. The signer, who is known to the Notary, asks if they can simply affirm the truthfulness of the document instead of taking an oath, due to personal beliefs. What is the Notary's appropriate response?
- AAllow the signer to affirm, as an affirmation has the same legal effect as an oath.
- BAdminister a modified oath that omits any religious references, but still uses the word 'swear'.
- CExplain that an oath is a mandatory requirement for all jurats and cannot be substituted.
- DRefuse the notarization because the signer is unwilling to take the prescribed oath.
Show answer & explanationAnswer & explanation
Correct answer: A. Allow the signer to affirm, as an affirmation has the same legal effect as an oath.
California law allows for an affirmation to be administered in place of an oath for a jurat, at the signer's discretion. Both have the same legal force and effect. The Notary must respect the signer's choice.
Why the other options are wrong
- B. While oaths can be secularized, the signer explicitly requested an affirmation, which is a distinct and legally recognized alternative, not just a modified oath.
- C. This is incorrect. An affirmation is an acceptable substitute for an oath and is not mandatory for all jurats.
- D. Refusal is not appropriate here, as the signer is requesting a legally valid alternative (affirmation) to the oath.
Oath vs. Affirmation (Jurat)
For a jurat, a Notary Public must administer either an oath or an affirmation to the signer, verifying the truthfulness of the document's contents. The choice between an oath and an affirmation rests with the signer.
- Oath: 'Do you swear... so help you God?'
- Affirmation: 'Do you affirm... under penalty of perjury?'
- Both have the same legal effect.
- Signer chooses which to take.
Memory trick: Swear or Affirm, the law says both are firm.