Assignment 1

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1. Differentiate Jurat from acknowledgement.

A jurat is used when the signer is swearing to the content of the


document. The notary must administer an oath or affirmation to the signer
in order to complete the jurat. A jurat also requires that the signer signs in
the presence of the notary. It is possible to glean this information from the
jurat certificate its self. The wording states “Subscribed and sworn to
before me…” – subscribed meaning “signed” and sworn meaning that an
oral oath or affirmation was given. “Before me” means that both were
done in the presence of the notary public while an acknowledgement is
used to verify the identity of the signer and to confirm that they signed the
document. They are not swearing to the truthfulness or validity of the
document, they are simply acknowledging that they signed the document.
For an acknowledgement in the state of California, a signer is not required
to sign the document in the presence of the notary public, but they are
required to personally appear in front of the notary to confirm their
signature.

2. Differentiate complaint from information.


Information is a statement of criminal activity brought before a judge or
magistrate. It is used to inform a magistrate of an offence and request a
warrant. It is an accusation brought before a judge without a grand jury
indictment while complaint is in criminal law, the preliminary charge or
accusation made by one person against another to the appropriate court or
officer, usually a magistrate
however, court proceedings, such as a trial, cannot be instituted until an
indictment or information has been handed down against the defendant.

3. Parts of an affidavit.
 A statement that the affiant is swearing under oath to the
truthfulness of the information contained in the affidavit.
 The information that is being sworn to.
 The signature of the affiant.
 The attestation of a notary public or other official authorized to
administer oaths.
4. Give an example of jurat.

5. Give an example of acknowledgement.

6. What are the two fold functions of acknowledgement?

7. What is verification and certificate of non-forum shopping?


Under Rule 46, Section 3, paragraph 3 of the 1997 Rules of Civil Procedure,
as amended, petitions for certiorari must be verified and accompanied by a
sworn certification of non-forum shopping. A pleading is verified by an
affidavit that the affiant has read the pleading and that the allegations
therein are true and correct of his personal knowledge or based on
authentic records. The party need not sign the verification. A party’s
representative, lawyer or any person who personally knows the truth of the
facts alleged in the pleading may sign the verification.

On the other hand, a certification of non-forum shopping is a


certification under oath by the plaintiff or principal party in the complaint or
other initiatory pleading asserting a claim for relief or in a sworn
certification annexed thereto and simultaneously filed therewith, that he
has not theretofore commenced any action or filed any claim involving the
same issues in any court, tribunal or quasi-judicial agency and, to the best
of his knowledge, no such other action or claim is pending therein; if there
is such other pending action or claim, a complete statement of the present
status thereof; and if he should thereafter learn that the same or similar
action or claim has been filed or is pending, he shall report that fact within
five days therefrom to the court wherein his aforesaid complaint or
initiatory pleading has been filed.

8. Differentiate deed from affidavit.


An affidavit is a sworn statement, made in front of a notary or other officer
authorized to administer oaths. An affidavit of deed confirms delivery and
acceptance of a deed by the grantee, and thereby its validity.

CDT 3C LIDEM, JOSEPH LESTER CASABAL C-24340 SECTION 5


ASSIGNMENT

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