Written Evidence - Part 1 - Week3

An official document that does not meet all legal conditions can still hold binding force if the concerned parties have affixed their signatures, seals, or fingerprints to it.

If the original document exists, the official copy is considered evidence only if it is proven to be a true copy. However, if the original is lost, the official copy holds the same binding force as the original if its external appearance confirms its authenticity.

Correspondence must be signed or proven to be ascribed to its sender to be considered an informal document.

<p>A signature on an informal document indicates the document originated from the signer. It serves as evidence against the signer unless they explicitly deny the signature or their successor denies it.</p> Signup and view all the answers

<p>An informal document loses its legal power if the person against whom it is invoked discusses it before the supervising judge or the court.</p> Signup and view all the answers

<p>An official document's &quot;binding force&quot; means it is legally enforceable towards all regarding the matters recorded within it, unless proven to be a forgery.</p> Signup and view all the answers

<p>Traders' ledgers, both electronic and normal, do not constitute evidence against non-traders.</p> Signup and view all the answers

<p>When the original exists, an official copy serves as evidence only if it's a true copy. However, when the original is lost, the official copy has the same force as the original if its authenticity is confirmed.</p> Signup and view all the answers

<p>The court can order a litigant to submit a document if they admit to possessing it, remain silent, or if the person requesting the document provides sufficient proof of their request's validity.</p> Signup and view all the answers

<p>In such a case, the copy of the document submitted by the person making the request is considered an authentic true copy of the original. If no copy was submitted, the court might accept the person's description of the document's form and content.</p> Signup and view all the answers

<p>If a litigant denies the existence of the document, and the requesting party fails to provide proof, the requesting party can ask the court to require the litigant to swear under oath that they do not have the document, have no knowledge of its existence, haven't hidden it, and haven't neglected to search for it. If the litigant refuses the oath, or takes it, the copy of the document provided by the requesting party is accepted as the original.</p> Signup and view all the answers

<p>The court can request documents from public authorities when, at their discretion or upon a litigant's request, they deem it necessary for the proceedings.</p> Signup and view all the answers

<p>A request must include a detailed description of the document and its contents, evidence supporting the requesting party's reason for needing the document, the fact evidenced by the document, and the reason why the litigant should submit it.</p> Signup and view all the answers

<p>The grace period is given to the litigant to allow them to respond to the request and potentially submit the required document.</p> Signup and view all the answers

<p>The court strives to ensure fairness by establishing procedures to verify both the validity of the request and the existence of the document. The court also allows for mitigating circumstances, such as providing a grace period, and considers multiple possible scenarios to ensure impartiality in its decisions.</p> Signup and view all the answers

<p>Refusing to submit a document can lead to the submitted copy being considered the original, or the court accepting the requesting party's account of the document's content.</p> Signup and view all the answers

<p>A litigant can compel their opponent to submit a document if it is joint between them, meaning it benefits both parties or establishes mutual obligations and rights. For example, a contract signed by both parties outlining their shared responsibilities in a business venture would be classified as a joint document.</p> Signup and view all the answers

<p>Private papers can be used as evidence against the issuer only when they explicitly state the collection of a debt or when the issuer explicitly intended the record to serve as a deed establishing a right in favor of someone else. In both cases, if the record is not signed, the issuer can disprove the contents using other forms of evidence.</p> Signup and view all the answers

<p>A suppletory oath is a sworn statement taken from a litigant who bases their claim on the ledgers of their opponent. If the opponent refuses to produce their ledgers without justification, the court can require the claimant, who based their claim on the ledgers, to take the suppletory oath to support their claim.</p> Signup and view all the answers

<p>A creditor's handwritten annotation on a debt deed, even without a signature, can be used as evidence against them if it states that the debtor is discharged. However, this can be challenged by the creditor providing contrary evidence.</p> Signup and view all the answers

<p>Orderly, obligatory ledgers, whether electronic or paper, constitute evidence for the trader holding them against their opposing trader if the dispute concerns a business matter. However, this binding force can be forfeited by counter-evidence, potentially taken from the opposing trader's ledgers. They also serve as evidence against the holder regarding facts upon which an opponent has based a claim.</p> Signup and view all the answers

<p>Data on supplies made by traders, while not directly constituting evidence in a legal proceeding, can form a basis for the court to request a complementary oath from either party involved in the dispute. This implies their use as a starting point for further investigation rather than conclusive evidence itself.</p> Signup and view all the answers

<p>Counter-evidence can negate the binding force of obligatory ledgers. It can be taken from the opponent's ledgers or other admissible proof. For example, a trader presenting evidence that a specific transaction recorded in their opponent's ledgers did not occur or was miscalculated would be considered counter-evidence, potentially weakening the validity of the original ledger entry.</p> Signup and view all the answers

<p>Entries in obligatory ledgers can be used as evidence for the holder in disputes concerning business matters against a trader opponent. These entries also serve as evidence against the holder if the opposing party, trader or not, uses those entries to base their claim on the facts recorded therein.</p> Signup and view all the answers

Records of transactions that serve as legal evidence in disputes.

Both types can serve as evidence against traders in disputes.

Evidence presented to counteract or challenge existing evidence.

An oath offered to support a claim when evidence is lacking.

Handwritten annotations by a creditor can serve as evidence against him, unless proved otherwise.

Documents benefiting both litigants or establishing shared rights.

Not generally evidential against the issuer unless specific conditions are met.

A litigant can ask the court for relevant documents from the opponent.

A document recorded by a public servant as per legal conditions.

A document that lacks formal conditions but can still be binding with signatures.

An official document is enforceable unless proven to be a forgery.

An official copy that is deemed a true representation of the original.

A signed document is evidence unless denied by the signatory.

Signed correspondence serves as an informal document unless denied by sender.

Traders' electronic or normal ledgers do not serve as evidence against non-traders.

A document that has been falsely created or altered and cannot be enforced.

Request must include detailed document descriptions, evidence of possession, and reasons for submission.

If the litigant admits possession or the requester proves validity, the court orders document submission.

A one-time extension for the litigant to submit the document after a request.

If the litigant refuses to present a document, submitted copy is considered authentic.

If the litigant denies a document's existence, the requester can ask for an oath.

The litigant must swear they have no knowledge of the document's existence or location.

The court can require a third party to submit documents in their possession during proceedings.

The court can request documents from public authorities if litigant cannot provide them.