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What Constitutes a Legal Document?

Certainly a document containing a seal and flamboyant signature appears legal, but is it? Not necessarily; the legality of the document depends on the type of document and attendant procedure. In some cases, an agreement scrawled on a napkin is legal. In other cases, a document lacking a judicial signature isn't worth the paper on which it's written.

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    1. Legally Binding

      • In essence, the word "legal" means "binding." A document is legal if the parties are held accountable to its contents.

      State vs. Federal

      • Drafting a legal document isn't a "one size fits all" procedure. What is legal in one state may not hold up in another, and federal laws come into play as well.

      Formality

      • A formal seal or signature is not always necessary. In contract law, many transactions need merely an offer and acceptance.

      Check with the Courts

      • There are instances where a legal seal or signature is required; specific documents carry legal procedure (court orders, loan papers, for example).

      Enforcement

      • The legality of a document governs it's enforceability. Failure to follow court procedure can render a document null and void.

      Intentions

      • The intention of the parties must be clear. Even if a document is signed and sealed, it's only legal if all parties understand what they are signing.

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