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Legal Documents

Legal documents are documents with contractual conditions, authorizations, and empowerment regarding an estate, sale, orders, and such. Real estate title, bankruptcy forms, will, passport, license, proof of purchase are some examples of a legal document.

1,660 Questions
Legal Documents

Does an expired notary void a legal document?

If the Notary's appointment was valid at the the time they witnessed the signature, it remains valid even after the Notary's commission expires.

HOWEVER, if the Notary's commission was expired at the time they "witnessed" it, it is not a valid notarization.

Another Perspective

An expired notary may affect the legality of the document. A legal document with an expired notary can be challenged. In some cases, the expired date is a typographical error and an affidavit can be executed by the notary stating the correct expiration date and that their license was in effect at the time of the signing. If possible, you should contact the notary to notarize the document again with a valid expiration date or, if that's not possible, have the document executed again with a valid notary seal.

If the document cannot be corrected and its validity is challenged then it is up to a court to determine whether the expired notary seal will invalidate the document. State laws vary. In some states statutory provisions will "cure" a recorded instrument with an expired notary after a certain time period has passed.

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Deeds and Ownership
Civil Lawsuits
Legal Documents

What is the difference between conveyance deed and sale deed?

A deed is the legal instrument used to transfer the ownership of real property. Those are simply two different ways of expressing a deed that conveys any interest owned by the grantor.

394395396
Civil Process
Court Procedure
Legal Documents

What is a nonsuit without prejudice?

This basically means that the case was withdrawn for some reason, but it can be refiled at a later date. Rather than the term non-suit, the word dismissal may be used.

An important factor to consider regarding refiling the case is that it must be done within the applicable statute of limitations period. These are prescribed by statute which vary by state and vary according to the nature of the cause of action.

323324325
Legal Documents

What are the ethical obligations involved in cite checking legal documents?

Ensure that (1) the cite says what you claim it says; (2) that it's still good law; (3) that you're not taking the statement out of context.

317318319
Legal Documents
Wills

How can you tell if jack wills is real?

Check that all the labels state Jack Wills spelled accurately, usually the actual fabric used for the tag is white. On the buttons usually it states Jack Wills too. Most of their designs are similar each season, so compare the style of clothing with that displayed on the website or in handbook.

283284285
Divorce and Marriage Law
Legal Documents

How do you dismiss personal protection order?

You need to speak with someone at the court that issued the order.

283284285
Firearms
State Laws
Legal Documents

Do you need documents to buy a gun in CA?

To purchase a firearm from a dealer anywhere in the US, you will need two forms of identification that show your address, along with age and name.

265266267
Legal Documents
Legal Definitions

What is the meaning of letter of intent?

It simply is a written notification, that places another party on notice, that the writer 'intends' to do something. However, it does not have the force of law of a contract (for instance), and anyone who receives such a notice should not necessarily rely on the outcome of the other party's intent.

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Legal Documents
Visas - Document
Section 8 Housing

What are questions asked at a marriage green card interview?

Questions asked at the marriage green card interview:

Name and address.

Name and Date of Birth of Spouse.

When and where did you meet your spouse?

Describe this 1st meeting.

Did you make arrangements to meet again?

Did you exchange phone numbers?

When did you meet next?

Where were you living at the time? Where was your spouse living?

When did you decide to get married? Where were you at the time?

Did you live together before marriage?

When and where did you get married? How did you and your spouse get to the church, courthouse, etc.?

Who were the witnesses to the ceremony?

Did you exchange wedding rings?

Where had you purchased these rings? Did you and your spouse purchase them together?

Did you have a reception after the ceremony?

Where was it held?

Do you have any photos of the ceremony and /or reception?

Describe the reception.

Did any of your, and your spouse's, family members attend? If so, who?

Did you go on a honeymoon? If so, when and where?

If you did not have a reception, what did you do after the wedding ceremony?

Where did you live after the wedding?

Describe the place where you lived right after the marriage. Number of bedrooms and bathrooms; furnishings; color of walls, floor coverings, appliances, etc; type of air conditioning, heating, etc; # of telephones, televisions, etc. Do you have cable television?

Where did you get the furniture? Was it already there, did you buy it, was it a gift, or did it come from your, or your spouse's, previous residence?

If brought to the house or apartment, describe how it was transported.

Describe your bedroom. Where do you keep your clothes? Where does your spouse keep his or her clothes? Where are the bathroom towels kept? Where do you keep the dirty clothes?

Where is the garbage kept in the kitchen?

On what day of the week is the garbage picked up?

Where do you shop for groceries? Do you go together with your spouse? How do you get there?

Where do you work? What days of the week do you work?

What hours do you work? What is your salary?

What is your telephone # at work?

When was the last vacation you had from work?

Did you and your spouse go anywhere together at that time?

When was the last vacation you and your spouse took together?

Where did you go? How did you get there? Describe it.

Where does your spouse work? What days of the week? What hours? What is the salary, if you know?

What is your spouse's telephone # at work?

When was the last time your spouse got a vacation from work?

Do you or your wife have any scars or tattoos? If so, where on the body?

Do you know your spouse's family members? If so, which ones? If your spouse has children from a previous marriage, their names, ages, where they live, and where they go to school, if applicable.

Where do you live now? (If different from where you lived right after the marriage, then go over the same questions as above). How much is the rent? When is it paid? How do you pay it?

Do you have a bank account together? Where? What kind of account? (Checking, savings).

Are both of you listed on the account? (Do you have a bank letter, cancelled checks, etc.?)

Did you file a joint tax return this year? Do you have a copy with you?

Do you own any property together? What property? Did you bring copies of the documents with you?

What kind of automobile do you and your spouse have? Describe them.

Do you have an insurance policy listing your spouse as the beneficiary? If so, do you have a copy?

Have you taken any trips or vacations together? Do you have photos from these trips?

Do you have any utility bills, or receipts from items you have purchased together?

What other documentation do you have to show that you are living together as husband and wife?

Do you have any pets? What kind, what are their names, and describe them?

What did you do for Christmas, New Year's, your anniversary, or you or your spouse's last birthday? Did you exchange gifts? If so, what kind of gift?

Did you or your spouse go to work yesterday? If so, at what time did you and/or your spouse leave the house and return?

Who cooks the meals at the house?

What is your spouse's favorite food? What is your favorite food?

Does your spouse drink coffee? If so, does he or she use cream and/or sugar?

Did you eat dinner together last night? Did anyone else have dinner with you? What did you have?

What time was dinner served? Who cooked it?

Did you watch TV after dinner? What shows did you watch?

At what time did you go to bed? Who went to bed first?

Did you have the air conditioning or heater on?

Who woke up first this morning? Did an alarm clock go off?

Did you or your spouse take a shower?

Did you come to the interview together? Who drove?

Did you have breakfast? Where and what did you eat?

Basically, they are questions asked of you and your spouse and differences in answers will send up a red flag that will get the illegal deported and you persecuted.

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Legal Documents

Should legal documents be signed with blue or black pen?

  • Generally it does not make a difference, but, there are circumstances such as a lawyers office (where I have worked) that they prefer black ink or, if you start off with blue or black you finish in the same color of ink. Here is an example: How to File for a Fee Waiver: Follow the instructions attached to each form to fill it out. You will need to type or print neatly in black ink. Do not print on the back or sides of the forms, print only in the blanks provided.
  • Copiers today are so good that it is often difficult to tell the copy from the original document. When clients sign in blue ink, it is easier to quickly identify which is the original.
  • Many legal documents that affect real property must be recorded in the land records. Many state recording laws require that documents that are to be recorded in the land records must be executed in black ink since they must be scanned into the public records and black ink scans the best. A will should also be executed in black ink so that the signatures copy well for the public record although a will signed in red would not be disqualified.
  • Some entities are now requiring signatures in blue ink in order to differentiate the original from a copy. You should check with the entity that is requiring the signature since rules, laws and policies vary.
199200201
Adverse Possession
Legal Documents

Can you sign legal documents on Sunday?

Yes.

Yes.

Yes.

Yes.

171172173
State Laws
Illinois
Legal Documents

Can a notary public notarize a will in Illinois?

yes

187188189
Religion & Spirituality
Legal Documents

Is a baptismal certificate a legal document?

A:A baptismal certificate is a religious record but is not a legal document in the sense that it can be legally enforced. It imposes no obligation on the person baptised or on that person's parents or guardians. The person to whom it applies can not be required to remain in the faith, can not be prevented from joining a different denomination or even an entirely different religion. Nor can he or she be prevented from becoming an atheist. Finally, it contains no implicit obligation to assist or support the Church, either financially or in any other way.

A person who is concerned about the existence of a baptismal certificate can ask to be removed from the baptismal records if he or she so wishes. However, most simply forget it and move on with their lives.

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Deeds and Ownership
Legal Documents

How do you add someone to your home's deed?

Contact a title agnecy or a real estate attorney about a "Quit Claim Deed".

You would to have your attorney draw up a "quit claim deed" to deed half your interest to the party you want to deed that interest to. That deed will then be filed at the courthouse and that would be it.

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Legal Documents

What are the two s's on top of each other in a legal document?

If they appear at the bottom of the page(s) of the document it could indicate the signature line.

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Jail Incarceration
Legal Documents

Can you marry a jail inmate?

The rules vary in different states but generally, the first step is to contact the prison chaplain and request a marriage packet if one is available. That packet will contain forms and instructions. It is likely that the inmate as well as the potential spouse will need to contact the chaplain in writing. A marriage license must be obtained.

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Legal Documents

Software that assists in the preparation of legal documents?

Once the documents are scanned and indexed/ coded, having access to them is critical to manage business. Many companies have a document management system in place that allows access to the documents electronically. A data file, and the corresponding legal documents on a CD, or via FTP, or on a thumb drive can be uploaded into the DM system. If an established and secure way to share litigation related documents among users is not available, look at DOCCEPT document management software option.

For more info visit : kensiumlegal.com/doccept-legal-document-management-system

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Legal Documents

What does to wit mean in legal documents?

That phrase can have several connotations:

  • That is to say
  • Namely
  • To know
  • The following comes to mind
  • Specifically
  • More precisely
  • To clarify
141142143
Civil Lawsuits
Legal Documents

How do you amend an affidavit?

You need to consult with an attorney who can review your error and draft a new affidavit to correct it. Very often when non-professionals draft their own legal documents and make a mistake, it gets worse as they try to correct it. In the end, resolving the errors can be costly. The best way to obtain effective legal documents is to have them drafted by an attorney.

You need to consult with an attorney who can review your error and draft a new affidavit to correct it. Very often when non-professionals draft their own legal documents and make a mistake, it gets worse as they try to correct it. In the end, resolving the errors can be costly. The best way to obtain effective legal documents is to have them drafted by an attorney.

You need to consult with an attorney who can review your error and draft a new affidavit to correct it. Very often when non-professionals draft their own legal documents and make a mistake, it gets worse as they try to correct it. In the end, resolving the errors can be costly. The best way to obtain effective legal documents is to have them drafted by an attorney.

You need to consult with an attorney who can review your error and draft a new affidavit to correct it. Very often when non-professionals draft their own legal documents and make a mistake, it gets worse as they try to correct it. In the end, resolving the errors can be costly. The best way to obtain effective legal documents is to have them drafted by an attorney.

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Estates
Probate
Legal Documents

How do you amend letters of administration?

You must return to the probate court and request your amendment. The court will issue new Letters of Administration.

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Legal Documents

What legal documents are requested from a foreign person here on a work visa permit for them to marry a US citizen in the States?

Answer

I have no idea. You should call your local court house or city council and ask what is required. All states are probably different so they would no best what is needed and where to go. If they don't have that information, they will at least be able to give you a better idea of where to ask.

Answer

I would make sure his 'work visa' does not expire. If he overstays on his visa - its going to be VERY VERY difficult for him to begin any papers here even though you are a U.S. Citizen. Trust me - I am going through this same situation right now! All you have to do is go to usembassy and you will find information about all of this! Good luck!

Answer

All he needs to get married is a valid picture I.D. A passport, driver's licens, or work-authorization card with his picture will all work. Some states will ask for a social security number. Contrary to what a previous person said, it will NOT be difficult to get him his greencard, even if he overstays his visa, as long as he entered the US legally. Once you marry, file the I-485. You can download it at http://www.uscis.gov He should NOT leave the country while the I-485 is pending if he has overstayed his visa. If he needs to leave the country and has not overstayed his visa, he will need to file for advanced parole. The I-485 takes from one to four years to complete depending on the part of the country you're in.

Outstanding answer.. the I-485 is used for those who want to adjust status while in the United states.. It costs about 1500.00, not included is the medical exam, TB test etc. That person had to make "legal entry" and the I-94 (valid) is can be used as proof that they did. If you start right after you get married, it will take about 90 days before the interview. Make sure you follow the direction in the USCIS web site and fill-out all the forms. You will also have to get the persons birth certificate translated into english and must be certified. There are several ON-LINE web sites that can do this for you and they are real fast. Once the I-485 is filed the person is considered to be "adjusting status" and will be considered to be out of status if that person leaves the country for ANY reason without approval. The answer above is right on...if there is a emergency..death etc.., you can get approved for an advance parole where that person can leave without giving up this adjustment of status. When you get to the border just present the advance parole, they can enter provided no previous violations of law and resume their status. Just remember, at the border they will be subject to inspection and they could be found (criminal history or violations) inadmissiable.

116117118
Contract Law
Legal Documents

Is a purchase order a legal document?

In brief, A purchase order (PO) is a commercial document issued by a buyer to a seller, indicating items, quantities, and agreed prices for products or services the seller will provide to the buyer. Sending a PO to a supplier constitutes a legal offer to buy products or services. Hence, this is considered as a legal document.

115116117
Legal Documents

What types of legal documents do you need to open a restaurant?

lease, buisness plan for a loan, name registry, council approval for property purchuse

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Civil Cases
Academic Writing
Business Writing
Legal Documents

How long is a summary supposed to be?

A summary of a paper or a book should be given in less than a page. For most things, a good, well-written paragraph will be able to accomplish all parts of a summary.

113114115
Legal Documents
Legal Definitions

When does an agent incur personal liability?

Sec* 47. Liability on contract. The agent seldom incurs any

liability to the third party upon contracts entered into for a known

principal. In such cases he negatives any personal responsibility

by a proper execution of the contract. Only if the agent carelessly

executes a written agreement may he find himself bound by the

contract. To use an illustration suggested previously, the agent

who signs a negotiable instrument for his principal, but fails to

indicate clearly the principal's existence and his relation to the in-

strument, is personally liable.

It often happens that the third party, for certain reasons, desires

to add the credit of the agent to that of the principal, or to contract

with the agent alone. The credit of the principal may be weak or

his credit rating may be unknown. Under such circumstances, the

third party, who is well acquainted with the agent, is perfectly will-

ing to contract with the latter but not with the former. Where,

therefore, the agent voluntarily assumes the burden of performance

in his personal capacity, he unquestionably becomes liable in the

event of nonperformance by his principal.

In addition to the above situation, the agent of an undisclosed

principal always assumes personal liability. So far as the third

party is informed, he is the only principal involved. The contract

is made with the agent, and he takes on full responsibility for its

performance. It should be noted in this connection, however, that

the third party has an option. He may elect to hold either the

agent or the principal, provided he acts within the proper time after

he learns of the existence of the undisclosed principal. If the agent

is held liable, he in turn has recourse against the principal.

Sec. 48. Warranty of authority. Occasionally an agent at-

tempts to act for a principal when he possesses no power to bind

the latter. In such instances he may or may not be aware of the

limitation of his power; he may honestly think his authority ex-

tends to the act complained of, or he may be, well aware that he was

never appointed an agent. In either event he becomes liable to

third parties for the damages resulting from his failure to bind the

principal. His liability is said not to rest upon _the ^ontig^iulsfilf ,

b^ji^to^resultfrom breach of an implied warranty. Every agent

impliedljTwarrants to Ithird parties that he possesseifpower to affect

132

AGENT AND THIRD PARTY 133

the contractual relations of his principal. 1 If in any particular

transaction he fails to bear such a relation to his principal, he vio-

lates this implied warranty. In addition, an agent who intention-

ally misrepresents his authority may be liable in an action of deceit.

In such a case all the elements of fraud are present. Presumably,

in either event, the damages would be those suffered because the

agent failed to possess the authority which he attempted to exer-

cise.

The agent may escape liability for damages arising from lack of

authority by a full disclosure to the third party of all facts relating

to the source of his authority. Where all the facts are available,

the third party is as capable of judging the limits of the agent's

powers as is the agent. In other words the third party must rely

upon the warranty in order to hold the agent for its breach. Where

he has full knowledge of all particulars, he relies upon his own judg-

ment and not upon the agent's representation of authority.

The liability of the agent is qualified in one other respect, He is

not liable when, unknown to him, his agency has been cut short

by the death of his principal. Such an event as death is usually

accompanied by sufficient publicity to reach third parties. At least

the facts are equally available to both parties.

Sec. 49. Competent principal. Every agent who deals with

third parties warrants that his principal is in existence and is ca-

pable of being bound. Thus, an agent who acts for a minor or for

a corporation not yet formed may find himself liable for the non-

performance of his principal. The same rule enables the third

party to recover from the agent where his principal is an unincorpo-

rated association. In such a case, since there is no entity capable

of being bound, a breach of the warranty results. The third party

has a right to insist^that the principal be a person, a firm, or a cor-

porate entity capable of entering into an enforceable agreement.

An unincorporated body has no legal entity, and only those voting

for the particular transaction, or later adopting it, are liable.

Where, however, the third party is fully informed that the princi-

pal is an unincorporated organization, and he agrees to look entirely

to it for performance, the agent is relieved. 2 The evidence must

clearly indicate such an agreement, as the normal presumption is

that the third party expects to look to one party and not to the

membership for performance.

In case the principal is a corporation, the agent does not warrant

that his principal has legal capacity to enter into the particular

transaction. In other words the agent is not responsible for ultra

vires contracts. The limits of a corporation's powers are governed

by its charter. Since charters are usually made a matter of public

record, the powers of the corporation are equally available to the

agent and to the third party.

Sec. 50. To account for money received. An agent who, in

the course of his employment, receives money from third parties for

the benefit of the principal owes no duty to account to the third

parties. If such money does not find its way into the principal's

hands, it may be recovered in an action by the principal against the

agent. This rule adequately protects all parties. On the other

hand, money paid to an agent who has no authority to collect it,

and which is not turned over to the principal, may be recovered in

an action by the third party. To illustrate: A traveling salesman

normally has no authority to collect for his principal. Should he

do so and surrender the money to his principal, the debtor has no

cause of action. A failure on his part to account to his principal,

however, subjects him to an action by the third party.

A different problem is presented when money is paid to an agent

in error, such as occurs by overpayment of an account. If the

agent has passed the money on to his principal before the mistake

is discovered, it is clear that only the principal is liable. 3 Never-

theless, money which is still in the possession of the agent when he

is notified of the error should be returned to the third party. The

agent does not relieve himself of this burden by subsequently mak-

ing payment to his principal.

Any payment made in error to an agent and caused by his mis-

take or misconduct may always be recovered from him, although he

may have surrendered it to his principal. Likewise, any overpay-

ment may be recovered from the agent of an undisclosed principal.

In such a case the agent is dealt with as the principal.

Sec, 51. Liability for torts. An agent may not defend an ac-

tion against him for his misconduct by offering proof that he was

about his principal's business at the time. The agent is always

liable to third parties for the result of his negligence. The same

ruling is also true of conversion or trespass. The agent may be-

lieve, and have good cause to believe, that he is handling his prin-

cipal's property. Yet, should it prove to belong to a third party,

he is liable for conversion. The same is true of trespass. The

principal may definitely instruct his agent to cut certain timber.

The agent, assuming that it belongs to his employer, proceeds with

the work. It is later discovered that the timber belongs to some

third person. It is clear in such a case that the agent is liable for

8 Cabot v. Shaw and Others, 1889, 148 Mass. 459; p. 575.

AGENT AND THIRD PARTY 135

the damage caused, although he may in turn recover indemnity

from his principal.

Liability of Third Party to Agent

Sec. 52. On contract. Normally the agent possesses no right

to bring suit on contracts made by him for the benefit of his princi-

pal. It is only where the agent binds himself to the third party,

either intentionally or ineptly by a failure properly to express him-

self , that he may maintain an action. To illustrate: An agent of

an undisclosed principal always binds himself. As a result, he may,

in his own name, sue the third party in the event of nonperform-

ance by the latter. Under the circumstances outlined, either the

agent or the principal might bring suit. But, in case of a dispute,

the right of the principal is superior.

Custom has long sanctioned an action by the agent, based upon

a contract in which he is interested because of anticipated commis-

sions. As a result, a factor may institute an action in his own name

to recover for goods sold. He may also recover against a railroad

for delay in shipment of goods sold or to be sold.

Similarly, an agent who has been vested with title to commercial

paper may sue the maker thereof. The same is true of any claim

held by the principal which he definitely placed with the agent for

collection and suit where such is necessary. In all cases of this

character, the agent retains the proceeds as a trust fund for his

principal.

Sec, 53. In tort. Most torts committed by third parties give

rise to a cause of action irrespective of an agency. There are two

distinct cases, however, in which the employment becomes impor-

tant. First, any third party who maliciously influences the prin-

cipal to terminate his agent's employment thereby commits a tort.

He must compensate the agent for any damages which result from

such conduct. 4 Second, any third person who influences another

in breaching a contract in which the agent is interested thereby

renders himself liable to the agent. To illustrate: The agent has

sold goods to T upon which he is entitled to a commission. Any-

one who causes T to refuse to carry out the agreement thereby dam-

ages the agent and is correspondingly liable.

Review Questions and Problems

1. Is an agent ever liable on contracts made for the benefit of his prin-

cipal? What liability does the agent of an undisclosed principal incur?

2. Does an agent always warrant his authority to act? Suppose that

'Loughery et al. v. Huxford et al., 1910, 106 Mass. 324, 92 N.E. 328; p. 576.

136 AGENCY

'A, thinking that he possesses authority to represent P in a certain transac-

tion, but possessing no authority, nevertheless acts for P. Is A liable to

the third party for damages suffered because of his lack of authority?

3. -A, acting for a corporation which is soon to be formed, orders two

delivery trucks from T. The corporation is formed, but refuses to ratify

the contract. Under what circumstances is A liable to Tl

4. T, by reason of an error on the part of A, an agent for P, overpays

to the extent of some $300 his account with P. Before A pays the money

over to P, T discovers the error and demands the excess from A. Is A

under a duty to return the money to T or may he turn it over to P?

5. Is an agent liable to third parties for his torts, although at the time

they are committed he is performing some service for his principal? Is

the same true where the agent is unaware that he is committing a tort?

6. Name two instances in which the agent may sue the third party

for breach of a contract, the contract being made for the benefit of the

principal.

7. T 7 , because of his dislike of A, persuades P to discharge A. Assum-

ing that A does not have a contract for any definite period, may he re-

cover damages from Tl

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