CHAPTER 6 Flashcards
-It is the name of a person written by him/her in a document as a sign of acknowledgement or it is a name or a mark that a person puts at the end of a document to attest that he/she is its author or that he/she ratifies its contents.
SIGNATURE
-Signed name, signing of name, distinctive characteristic
SIGNATURE
- Historically, many who could not write signed with a?
CROSS MARK
-this authenticating mark still used today by ILLITERATES, and if properly witnessed, it can legally stand for a signature.
CROSS MARK
are also referred to as cross marks because of the common practice of marking with an X.
BALLOT MARKS
CROSS MARK -this authenticating mark still used today by ___________, and if properly witnessed, it can legally stand for a signature.
ILLITERATES
-is made by a person in lieu of an actual signature.
X- MARK SIGNATURE
-Due to illiteracy or disability, a person may be unable to append a full signature in name ta a document as an attestation that its content has been reviewed and approved.
X- MARK SIGNATURE
-In order to be legally valid, the _________ signature must be witnessed.
X- MARK SIGNATURE
Due to the obvious potential for fraud, doubts may arise about the validity and enforceability of documents signed with ____
X-mark signatures
In some states, the presiding law can require courts to invalidate wills signed with an _____ unless the testator was physically or mentally incapable of signing their own full name.
X /X-MARK SIGNATURES
The court may require ____ for an X-mark signature to be valid. An X-mark signature may need to be __________, too, for the document to be enforceable.
more than one witness
notarized
_________ may be summoned to court to testify regarding the signing of the document by the testator in the case of a contested will.
Witnesses
In the event of a legal claim against the document, the relationship of each witness to the person signing the document might be called into question.
X-MARK SIGNATURES
For example, if the only witnesses to an ___________ are individuals who stand to benefit from a will being signed, concerns for fraud could be raised.
X-mark signature
- Is not simply a signature
EVIDENTIAL SIGNATURE
- it is a signature, signed at a particular time and place, under particular conditions, while the signer was at particular age, in a particular and mental condition, using particular implements, and with a particular reason and purpose for recording his name.
EVIDENTIAL SIGNATURE
–signatures found in legal document or offered in a court as evidence
EVIDENTIAL SIGNATURE
-a.k.a FORGE SIGNATURE
FRAUDULENT SIGNATURE
-It involves the writing of a name as a signature by someone other than the person himself, without his permission, often with some degree of imitation.
FRAUDULENT SIGNATURE
- A fraudulent that was executed purely by simulation rather than by tracing the outline of a genuine signature.
FREEHAND SIGNATURE
-a.k.a SIMULATED SIGNATURE OR FREEHAND SIGNATURE
FREEHAND SIGNATURE
–this requires degree of skill
FREEHAND SIGNATURE
- A signature that is executed while the writer’s hand or arm is steadied in any way.
GUIDED SIGNATURE
-Under the law of most jurisdictions such as a signature authenticates a legal document provided it is shown that the writer requested the assistance.
GUIDED SIGNATURE
are most commonly written during serious illness or on a deathbed.
GUIDED SIGNATURE
TYPES OF GUIDED SIGNATURE
- INERT HAND
- GUIDED-HAND
- FORCED HAND
- ASSISTED-HAND
- refers to completely involuntary;
INERT HAND
-incapability of motor activity and signatory may be conscious or even unconscious.
INERT HAND
–force is on the guider or coadjutant
INERT HAND
-One in which the person providing the portion of control.
GUIDED-HAND
-a.k.a PARTIAL INCAPACITATION
GUIDED-HAND