Encarnacion, Michael Jefferson T.
Januray
22, 2025
CDI3 BSCRIM2A- MWF 2:10-3:30
1. Define the following terms: legal forms and document. Explain each broadly.
Legal Forms: Legal forms are instruments or documents used in legal
transactions or judicial proceedings. They include essential matters, technical
terms, and additional materials required to make the document officially
accurate and suitable for the specific case. Legal forms are structured in a
systematic order to ensure they are legally binding and enforceable.
Examples include affidavits, contracts, complaints, and other legal
documents used in court or business transactions.
Document: A document is a written instrument, agreement, deed, map,
photograph, or any other object that serves as evidence of a fact, event,
incident, or transaction. It can be used to prove or verify information in legal,
business, or personal contexts. Documents can be either private or public,
depending on whether they are notarized or executed before an authorized
person.
2. What makes a document legal?
A document is considered legal if it meets the following requirements:
Intent: The creator of the document must intend for it to be enforceable in a
court of law.
Adherence to Jurisdiction Laws: The document must comply with the laws of
the jurisdiction where it will be enforced.
Proper Execution: The document must be properly signed, witnessed, and
filed to be legally binding.
Accuracy and Completeness: The document must include all essential
elements, technical terms, and additional materials required to make it
officially accurate.
Notarization (if required): For public documents, notarization by a notary
public or authorized official is necessary to validate the document.
3. What is the purpose of legal documents?
The purpose of legal documents is to:
Formally Express Legal Acts: They formally express legally enforceable acts,
processes, contractual duties, obligations, or rights.
Provide Evidence: Legal documents serve as evidence of agreements,
transactions, or legal actions.
Ensure Clarity and Enforceability: They ensure that the terms of an
agreement or legal action are clear, binding, and enforceable in a court of
law.
Protect Rights: Legal documents protect the rights and interests of the parties
involved in a legal transaction or proceeding.
4. What is a Private Document? Provide at least 3 examples and define each
example.
A private document is a written instrument, deed, or agreement that is not notarize
before a notary public or any other person authorized to administer an oath. It is
binding only between the parties who executed it and not enforceable against third
parties.
Examples of Private Documents:
1. Personal Contract: A written agreement between two individuals, such as a loan
agreement between friends or family members. It outlines the terms of the loan but
is not notarized.
2. Lease Agreement: A rental agreement between a landlord and tenant that
specifies the terms of the lease, such as rent amount and duration. Unless
notarized, it is considered a private document.
3. Promissory Note: A written promise by one party to pay a specific sum of money
to another party at a future date. If not notarized, it is a private document and
enforceable only between the parties involved.
5. What is a Public Document? Provide at least 3 examples and define each
example.
A public document is a document that is executed and acknowledged before a
notary public or any person authorized to administer an oath. It is also known as a
notarized document and is admissible in court without further proof of its
authenticity.
Examples of Public Documents:
1. Deed of Sale: A legal document that transfers ownership of real property from
one party to another. It is executed before a notary public, making it a public
document.
2. Last Will and Testament: A legal document that outlines how a person’s assets
will be distributed after their death. When notarized, it becomes a public document.
3. Affidavit: A written statement confirmed by oath or affirmation, used as evidence
in court. Affidavits are typically notarized, mak ing them public documents.
