Legal Recognition of Electronic Documents Quiz and Flashcards

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Questions and Answers

Which factor is crucial in assessing the integrity of E-DM?

The language in which it is written

The font size used

Evidence aliunde (correct)

The color of the document

What is a requirement for an E-Document to be considered valid?

Being printed on special paper

Maintaining integrity and reliability (correct)

Having a unique watermark

Using a specific font style

What makes an E-Signature reliable in the eyes of the law?

Being in a fancy cursive style

Remaining complete and unaltered (correct)

Matching the addressee's signature

Being colorful and eye-catching

In what situations can an E-Document be considered equivalent to a written document?

If it is functional and reliable Signup and view all the answers

Which aspect is essential for an E-Document to meet the legal requirements of being in its original form?

Ensuring reliable assurance as to integrity Signup and view all the answers

What is the key characteristic that makes an E-Doc have the same legal effect as any other document?

Maintaining its integrity and reliability Signup and view all the answers

What must be proved to establish that an electronic signature is equivalent to a handwritten signature on a document?

The method used to identify the party was reliable and appropriate. Signup and view all the answers

In the context of e-signatures, what does it mean if reliance on the e-signature is not reasonable?

The person relying on the e-signature has notice of defects in the signature. Signup and view all the answers

What burden of proof does a person seeking to introduce an electronic document in a legal proceeding have?

Proving the authenticity of the document. Signup and view all the answers

What establishes integrity of an Information and Communication System when there is no evidence available?

Evidence that the system operated without affecting its integrity. Signup and view all the answers

What presumption exists regarding an electronic signature unless certain conditions are met?

It was signed with the intention of approval. Signup and view all the answers

What must be adopted and employed for verifying the originator and detecting error or alteration in E-DM & E-Docs?

Appropriate security procedure. Signup and view all the answers

What can be a reason for not denying the admissibility of an E-DM or E-Doc?

Being recorded in electronic form Signup and view all the answers

How should the retention of an E-DM or E-Doc be managed to satisfy legal requirements?

Remains accessible and in format, enabling identification of originator and addressee Signup and view all the answers

When forming valid electronic contracts, how can the formation of contracts be expressed and demonstrated?

By means of E-DM or E-Docs Signup and view all the answers

What is a key factor in assessing the evidential weight of an E-DM or E-Doc?

Reliability of its generation, storage, or communication Signup and view all the answers

How can the legal presumption of integrity be supported for an E-DM or E-Doc?

By providing proof through affidavit Signup and view all the answers

When are electronic transactions among banks deemed consummated?

Upon actual dispensing of cash Signup and view all the answers

Study Notes

Electronic Document Management (E-DM) and Electronic Documents (E-Docs)

Integrity of E-DM is crucially dependent on the reliability of the underlying system and process.
For an E-Document to be considered valid, it must meet the legal requirements of being in its original form, which is ensured by a secure and reliable system that prevents alteration or tampering.

Electronic Signatures (E-Signatures)

An E-Signature is reliable in the eyes of the law if it can be proved that the person intended to sign the document and had the intention to be bound by it.
To establish equivalence to a handwritten signature, it must be proved that the electronic signature is unique to the signatory, capable of verification, and links the signatory to the document.

Admissibility of E-DM and E-Docs in Legal Proceedings

In the absence of evidence, the integrity of an Information and Communication System can be established through adequate documentation and audit trails.
A person seeking to introduce an electronic document in a legal proceeding has the burden of proof to establish its authenticity and integrity.
If reliance on the e-signature is not reasonable, it may be deemed inadmissible.
The legal presumption of integrity exists regarding an electronic signature unless it can be shown that the system was compromised or the signature was forged.

Validity of E-Contracts

Electronic contracts can be formed through electronic means, such as clicking "I agree" or using digital signatures.
The formation of contracts can be expressed and demonstrated through electronic records, such as emails, chat logs, or digital certificates.

Retention and Management of E-DM and E-Docs

The retention of an E-DM or E-Doc should be managed through a secure and reliable system, ensuring integrity and authenticity.

Evidential Weight and Legal Presumption of Integrity

The evidential weight of an E-DM or E-Doc depends on factors such as the reliability of the system, the integrity of the document, and the presence of adequate documentation and audit trails.
The legal presumption of integrity can be supported through adequate documentation, audit trails, and a secure and reliable system.

Electronic Transactions among Banks

Electronic transactions among banks are deemed consummated when the transaction is completed and verified through secure and reliable systems.

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Description

Explore the legal recognition of electronic documents, electronic signatures, and electronic data messages. Understand how original documents can be presented or retained in electronic form, and the standards of integrity and reliability required in assessing electronic documents. Learn about the validity and enforceability of electronic data messages.

Legal Recognition of Electronic Documents and Signatures

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