Understanding Legal Forms and Writing

Course Description

• This course covers different legal forms used by government agencies (judicial and quasi-judicial bodies) and private institutions.

What is Legal Form?

• A legal form is a template for legal instruments or transactions.
• It includes essential details, technical phrases, and additional elements needed for official accuracy.
• The format is organized systematically, adapting to the specific case's circumstances.
• "Form of the statute" refers to the wording and structure reflecting a state's laws, which might include restrictions or commands and is used in cases.

Guidelines in Preparing Legal Forms

A. Language

• Language is a crucial tool in legal work.
• Lawyers use it to create legal instruments, documents, pleadings, or any submissions to courts.
• Judges and justices utilize language in decisions, orders, resolutions, and hearings.

B. Legal Writing

• The primary goal of writing, including legal writing, is communication.
• Writers must effectively convey their ideas to ensure clarity and understanding.
• Guiding principles for effective legal writing:
  • Choose simple and appropriate words.
  • Use proper grammar, spelling, and punctuation.
  • Construct simple and direct sentences.
  • Structure paragraphs logically.
  • Accurately document citations (laws, jurisprudence) to support arguments.
  • Properly format legal documents.

What is a Document?

• A document is a written instrument, agreement, deed, map, object, photograph, or anything proving a specific fact, event, or transaction.
• Documents can be categorized as private or public.
• Private documents are those not notarized, while public documents are officially acknowledged via notarization.

What is Notarial Act and Notarization?

• "Notarial Act" and "Notarization" are related processes carried out by a notary public.
• They empower notaries to perform various acts, such as witness signature, oaths, and forms.
• The 2004 Rules on Notarial Practice provide guidance for notarial acts.

Importance of Notarization

• Notarization ensures the authenticity and validity of documents.
• It ensures the public that the document's content accurately reflects the parties' agreement.
• Notarized documents are admissible in court without further proof.
• It carries a presumption of regularity.

What should you bring during notarization?

• Multiple original copies
• Identification documents with photos and signatures
• Witnesses with identification

Who is authorised to perform Notarial Acts?

• Notary public is authorised by the executive judge or court.
• Lawyers with good standing can apply to become notaries.
• Government officials (ex officio) can also perform notarization.

Special Documents Requiring Notarization

• Deeds of sale, mortgages, leases, and property documents necessitate notarization for recordation and legal enforceability.
• Affidavits, statements, certifications require notarization for court proceedings.
• Powers of attorney need notarization to authorize individuals to act on behalf of others.

Corporate and Commercial Documents

• Notarization is often required for corporate resolutions, secretary's certificates, and board documents, especially for external dealings.

Definitions

• Notarial act: any act a notary public performs (acknowledgments, oaths, affirmations, jurats, etc).
• Commission: The grant of authority to a notary public to enforce notarized acts.
• Competent Evidence of Identity: methods for verifying identity used by notaries (photo IDs, credible witnesses).

The Document Size

• Legal documents typically follow standard 8.5" x 13" size.

Notarial Seal

• A notary's seal is placed on the document, page, and book (if applicable).
• Multiple pages in a document require a seal for every page.

The Form for Non-Litigation Forms

• There are two ways to format declarations in non-litigation forms.

  • Using 'WHEREAS' clauses (each clause separated by 'WHEREAS')
  • Numerical ordering for each clause

• The forms should end with a 'THEREFORE' clause.