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Public Instrument
A public instrument is any legal instrument (legal document) recorded with and authenticated by a public office or employee. To carry weight, any such instrument, must be genuine and authentic. Public instruments consequently must bear the name, title, and seal of the official that issued them, and should be written in the presence of witnesses who attested to them. A public instrument is generally admissible in evidence without the necessity of preliminary proof of its authenticity and due execution."Sicat vs Ariola Jr : AC 5864 : April 15, 2005 : Per Curiam : En Banc : Resolution", ''Judiciary of the Philippines'', tm retrieved 23 September 2009 In other words, public instruments are self-authenticating document, self-authenticating documentary evidence. A presumption of regularity and validity attaches to public instruments; for the instrument to be rebutted, it must be proven in court to contain a willful material error. Typical types of public instruments include: * State and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Instrument
Legal instrument is a legal term of art that is used for any formally executed written document that can be formally attributed to its author, records and formally expresses a legally enforceable act, process, or contractual duty, obligation, or right, and therefore evidences that act, process, or agreement.''Barron's Law Dictionary'', s.v. "instrument". Examples include a certificate, deed, bond, contract, will, legislative act, notarial act, court writ or process, or any law passed by a competent legislative body in municipal (domestic) or international law. Many legal instruments were written ''under seal'' by affixing a wax or paper seal to the document in evidence of its legal execution and authenticity (which often removed the need for consideration in contract law). However, today many jurisdictions have done away with the requirement of documents being under seal in order to give them legal effect. Electronic legal documents With the onset of the Internet and electronic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Self-authenticating Document
A self-authenticating document, under the law of evidence in the United States, is any document that can be admitted into evidence at a trial without proof being submitted to support the claim that the document is what it appears to be. Several categories of documents are deemed to be self-authenticating: #Certified copy of public or business records; #Official publications of government agencies; #Newspaper articles; #Trade inscriptions, such as labels on products; #Acknowledged documents (wherein the signer also gets a paper notarized); and #Commercial paper under the Uniform Commercial Code. Although most U.S. states have evidentiary rules similar to the Federal Rules of Evidence, the California Evidence Code diverges significantly from the FRE in that it does not treat trade inscriptions as self-authenticating.See ''Dicola v. White Brothers Performance Prods.''158 Cal. App. 4th 666(2008) (holding that product label was hearsay). This means that if a defendant does not stipul ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Presumption Of Regularity
The presumption of regularity is a presumption that forms part of the law of evidence of England and Wales. It is expressed by the maxim of law ''omnia praesumuntur rite et solemniter esse acta donec probetur in contrarium'', which may be shortened to ''omnia praesumuntur rite et solemniter esse acta'' or ''omnia praesumuntur rite esse acta''. Official actions Where it has been proved that an "official act" has been done, it will be presumed, until the contrary is proved, that the said act "complied with any necessary formalities" and that the person who did it was "duly appointed". This is a presumption of law. The following cases are relevant to this presumption: *''R v Gordon'' (1789) 1 Leach 515, (1789) 1 East PC 315 *''R v Jones'' (1806) 31 St Tr 251, (1806) 2 Camp 131 *''R v Verelst'' (1813) 3 Camp 432 *''R v Catesby'' (1824) 2 B & C 814, (1824) 4 Dow & Ry KB 434, (1824) 2 Dow & Ry MC 278 *''R v Rees'' (1834) 6 C & P 606 *''R v Murphy'' (1837) 8 C & P 297 *''R v Townsend'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vital Record
Vital records are records of life events kept under governmental authority, including birth certificates, marriage licenses (or marriage certificates), separation agreements, divorce certificates or divorce party and death certificates. In some jurisdictions, vital records may also include records of civil unions or domestic partnerships. Note that only the life events meaning is restricted to government; the records management meaning in this article applies to both government and non-government organizations. United States In the United States, vital records are typically maintained at both the county and state levels. In the United Kingdom and numerous other countries vital records are recorded in the civil registry. In the United States, vital records are public and in most cases can be viewed by anyone in person at the governmental authority. Copies can also be requested for a fee. There are two types of copies: certified and uncertified. Certified copies are official ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies. Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on date of enactment. A universal problem encountered by lawmakers throughout human history is how to organize published statutes. Such publications h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Act Of Parliament
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliament begin as a Bill (law), bill, which the legislature votes on. Depending on the structure of government, this text may then be subject to assent or approval from the Executive (government), executive branch. Bills A draft act of parliament is known as a Bill (proposed law), bill. In other words, a bill is a proposed law that needs to be discussed in the parliament before it can become a law. In territories with a Westminster system, most bills that have any possibility of becoming law are introduced into parliament by the government. This will usually happen following the publication of a "white paper", setting out the issues and the way in which the proposed new law is intended to deal with them. A bill may also be introduced in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Act Of Congress
An Act of Congress is a statute enacted by the United States Congress. Acts may apply only to individual entities (called Public and private bills, private laws), or to the general public (Public and private bills, public laws). For a Bill (law), bill to become an act, the text must pass through both houses with a majority, then be either signed into law by the president of the United States, be left unsigned for ten days (excluding Sundays) while Congress remains in session, or, if vetoed by the president, receive a congressional override from of both houses. Public law, private law, designation In the United States, Acts of Congress are designated as either public laws, relating to the general public, or private laws, relating to specific institutions or individuals. Since 1957, all Acts of Congress have been designated as "Public Law X–Y" or "Private Law X–Y", where X is the number of the Congress and Y refers to the sequential order of the bill (when it was enacted). ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Delegated Legislation In The United Kingdom
Delegated legislation or secondary legislation in the United Kingdom is law that is not enacted by a legislative assembly such as the UK Parliament, but made by a government minister, a delegated person or an authorised body under powers given to them by an Act of Parliament. Statutory Instruments are the most frequently used type of secondary legislation, with approximately 3,500 made each year, although only about 1,000 need to be considered by Parliament. They usually have either rule, order or regulation in their title. Secondary legislation is used for a wide variety of purposes such as fixing the date on which an Act of Parliament will come into force; setting fees for a public service; or establishing the details of an Act of Parliament. Delegated legislation is dependent on its parent act, which prescribes its parameters and procedures. Although a large volume of delegated legislation is written without close parliamentary scrutiny, there are statutory instruments to preve ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Act (document)
An act is an instrument that records a fact or something that has been said, done, or agreed. Acts generally take the form of legal instruments of writing that have probative value and executory force. They are usually accepted as self-authenticating demonstrative evidence in court proceedings, though with the precarious status of notaries public and their acts under common law, this is not always so. Common types of acts are legislative, judicial, and notarial acts. Legislative acts Legislative acts (fully, acts of statute), or more commonly statutes, are the cornerstone of statutory and regulatory law. They may include in a monarchical system any royal edict, proclamation, or decree setting forth or establishing law as it affects all citizens. In parliamentary or congressional systems, acts passed by a legislature are known as acts of Parliament or acts of Congress. In Hong Kong, acts of the legislature are instead known as "ordinances". Notarial acts A notarial act (or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private law and the patent holder mus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Apostille
The Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents, also known as the Apostille Convention, is an international treaty drafted by the Hague Conference on Private International Law (HCCH). It is intended to simplify the procedure through which a document, issued in one of the contracting states, can be certified for legal purposes in all the other contracting states. A certification under the Convention is called an apostille or Hague apostille (from French ''apostille'', meaning a marginal or bottom note, from Latin ''post illa'', literally "after those ords of the text).Apostille Handbook Hague Conference on Private International Law, 2013. It is an international certification comparable to a [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Law (legal System)
Civil law is a legal system originating in mainland Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the law in common law systems historically came from uncodified case law that arose as a result of judicial decisions, recognising prior court decisions as legally-binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the ''Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feudal, and local practices, as well as doctrinal strains such as natural law, codification, and legal positivism. Conceptually, civil law proceeds from abstractions, formulates general principles, and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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