CHAPTER 6 Flashcards

1
Q

-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.

A

SIGNATURE

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2
Q

-Signed name, signing of name, distinctive characteristic

A

SIGNATURE

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2
Q
  • Historically, many who could not write signed with a?
A

CROSS MARK

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3
Q

-this authenticating mark still used today by ILLITERATES, and if properly witnessed, it can legally stand for a signature.

A

CROSS MARK

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4
Q

are also referred to as cross marks because of the common practice of marking with an X.

A

BALLOT MARKS

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5
Q

CROSS MARK -this authenticating mark still used today by ___________, and if properly witnessed, it can legally stand for a signature.

A

ILLITERATES

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6
Q

-is made by a person in lieu of an actual signature.

A

X- MARK SIGNATURE

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7
Q

-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.

A

X- MARK SIGNATURE

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8
Q

-In order to be legally valid, the _________ signature must be witnessed.

A

X- MARK SIGNATURE

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9
Q

Due to the obvious potential for fraud, doubts may arise about the validity and enforceability of documents signed with ____

A

X-mark signatures

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10
Q

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.

A

X /X-MARK SIGNATURES

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11
Q

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.

A

more than one witness
notarized

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12
Q

_________ may be summoned to court to testify regarding the signing of the document by the testator in the case of a contested will.

A

Witnesses

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13
Q

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.

A

X-MARK SIGNATURES

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14
Q

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.

A

X-mark signature

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15
Q
  • Is not simply a signature
A

EVIDENTIAL SIGNATURE

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16
Q
  • 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.
A

EVIDENTIAL SIGNATURE

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17
Q

–signatures found in legal document or offered in a court as evidence

A

EVIDENTIAL SIGNATURE

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18
Q

-a.k.a FORGE SIGNATURE

A

FRAUDULENT SIGNATURE

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19
Q

-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.

A

FRAUDULENT SIGNATURE

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20
Q
  • A fraudulent that was executed purely by simulation rather than by tracing the outline of a genuine signature.
A

FREEHAND SIGNATURE

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21
Q

-a.k.a SIMULATED SIGNATURE OR FREEHAND SIGNATURE

A

FREEHAND SIGNATURE

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22
Q

–this requires degree of skill

A

FREEHAND SIGNATURE

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23
Q
  • A signature that is executed while the writer’s hand or arm is steadied in any way.
A

GUIDED SIGNATURE

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24
Q

-Under the law of most jurisdictions such as a signature authenticates a legal document provided it is shown that the writer requested the assistance.

A

GUIDED SIGNATURE

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25
Q

are most commonly written during serious illness or on a deathbed.

A

GUIDED SIGNATURE

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25
Q

TYPES OF GUIDED SIGNATURE

A
  1. INERT HAND
  2. GUIDED-HAND
  3. FORCED HAND
  4. ASSISTED-HAND
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26
Q
  • refers to completely involuntary;
A

INERT HAND

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27
Q

-incapability of motor activity and signatory may be conscious or even unconscious.

A

INERT HAND

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28
Q

–force is on the guider or coadjutant

A

INERT HAND

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29
Q

-One in which the person providing the portion of control.

A

GUIDED-HAND

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30
Q

-a.k.a PARTIAL INCAPACITATION

A

GUIDED-HAND

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31
Q

–force is in the guider and person he is guiding

A

GUIDED-HAND

32
Q

-The signatory is forced to write against his will, by threats, constraints and the like.

A

FORCED HAND

33
Q
  • One in which the person assisting is CO-ADJUTANT that provides help to a lesser degree, perhaps only to the point of steadying a tremulous arm or hand without actually directing the movement of the writing instrument.
A

ASSISTED-HAND

33
Q

–coadjutant may or may not hold the writing instrument

A

ASSISTED-HAND

34
Q
  • Synonymous with freehand forgery.
A

IMITATED SIGNATURE

35
Q
  • A genuine signature that has been used to prepare an imitated or traced forgery.
A

MODEL SIGNATURE

36
Q
  • The act of setting two or more signature in an inverted position to weigh their identifying significances, which reason being that those we fail to see under normal comparison may readily be seen under this theory.
A

THEORY OF COMPARISON

37
Q

-The _________ in handwriting is based on the idea that no two skilled writers have the same handwriting features (PRINCIPLE OF INDIVIDUALITY OR UNIQUENESS), and that each person’s writing has a natural range of variation.

A

THEORY OF COMPARISON

38
Q

TYPES OF SIGNATURES

A

A. FORMAL/CONVENTIONAL/COPYBOOK FORM
B. INFORMAL/CURSORY
C. CARELESS SCRIBBLE

39
Q
  • complete correct signature for an important document such as will.
A

FORMAL/CONVENTIONAL/COPYBOOK FORM

40
Q
  • usually for routine documents and personal correspondence.
A

INFORMAL/CURSORY

41
Q

–no legal value

A

AUTOGRAPH

42
Q

–used for sale

A

AUTOGRAPH

43
Q

–handwriting signature of artist or idols

A

AUTOGRAPH

44
Q

-sign of acknowledgment of a person

A

SIGNATURE

45
Q

TYPES OF INFORMAL SIGNATURE

A
  1. PERSONALIZED
  2. SEMI-PERSONALIZED
46
Q
  • for the mail carrier, delivery boy or the autograph collector.
A

CARELESS SCRIBBLE

47
Q
  • is the handwritten signature of a famous or notable person.
A

AUTOGRAPH

48
Q

-It is sought after and valued for its connection to that individual.

A

AUTOGRAPH

49
Q

can be found on items like manuscripts, photographs, books, posters, and other memorabilia.

A

AUTOGRAPH

50
Q

-They are a form of personal validation and can hold sentimental value for fans and collectors.

A

AUTOGRAPH

51
Q

-is strictly speaking, a legal term which involves not only a non-genuine document but also and intent to fraud.

A

FORGERY

52
Q

-However, it is also used synonymously with fraudulent signature or spurious document.

A

FORGERY

53
Q

CLASSES OF FORGED SIGNATURES

A

a. SIMULATED OR FREEHAND IMITATION FORGERY
b. TRACED FORGERY/TRACED SIGNATURE
C. SPURIOUS SIGNATURE/SIMPLE FORGERY
d. FORGERY BY MEANS OF A STAMPED FACSIMILE OF A GENUINE OR MODEL
e. FORGERY BY COMPUTER SCANNING

54
Q
  • executed purely by simulation rather by tracing the outline of a genuine signature can be referred as FREEHAND IMITATION OR SIMULATED FORGERY or it refers to the free-hand drawing in imitation of model signature.
A

SIMULATED OR FREEHAND IMITATION FORGERY

54
Q

–no tracing equipment

A

SIMULATED OR FREEHAND IMITATION FORGERY

55
Q

SIMULATED OR FREEHAND IMITATION FORGERY UNDER

A
  1. SIMULATED WITH THE MODEL BEFORE THE FORGER
  2. SIMULATED FREE HAND FORGERY TECHNIQUE
55
Q

SIMULATED WITH THE MODEL BEFORE THE FORGER

A

A. DIRECT TECHNIQUE
B. INDIRECT TECHNIQUE

56
Q
  • forger works directly with ink.
A

DIRECT TECHNIQUE

57
Q

-no practice, directly on the writing instrument

A

DIRECT TECHNIQUE

58
Q
  • forger works first with the pencil and afterwards covers the pencil strokes with ink.
A

INDIRECT TECHNIQUE

59
Q
  • used by forgers who have a certain skill in writing.
A

SIMULATED FREE HAND FORGERY TECHNIQUE

60
Q

-After some practice, the forger tries to write a copy of the model quickly.

A

SIMULATED FREE HAND FORGERY TECHNIQUE

61
Q

TRACED FORGERY/TRACED SIGNATURE KINDS

A
  1. DIRECT TRACING
  2. INDIRECT TRACING
62
Q
  • tracing is made by transmitted light.
A

DIRECT TRACING

63
Q
  • forger uses a carbon paper and place documents on which he will trace the forges signature under the document bearing the model signature with a carbon paper between the two.
A

INDIRECT TRACING

64
Q

THE TYPES OF TRACED SIGNATURE ARE:

A
  1. CARBON PROCESS
  2. INDENTATION PROCESS
  3. TRANSMITTED LIGHT PROCESS
65
Q
  • Forger does not try to copy a model but writes something resembling what we ordinarily call a signature.
A

SPURIOUS SIGNATURE/SIMPLE FORGERY

66
Q

-For this, he uses a false (spurious) name make a rapid stroke.

A

SPURIOUS SIGNATURE/SIMPLE FORGERY

67
Q

-Disturbing his unusual writing by adopting a camouflage called

A

DISGUISE.

68
Q

-Signatures created without the direct use of the human hand, such as those made with rubber stamps, writing machines, or auto-pens.

A

MECHANICAL SIGNATURES

69
Q

–no model signature

A

SPURIOUS SIGNATURE/SIMPLE FORGERY

69
Q
  • A stamped image of a genuine signature or model.
A

STAMPED FACSIMILE

70
Q

is a signature that is reproduced by a rubber stamp that replicates a handwritten signature.

A

STAMPED FACSIMILE

71
Q

can also be created using digital tools.

A

STAMPED FACSIMILE

72
Q

-can be legally authentic if the signature holder has authorized their use.

-However, if used without authorization, they are considered forgeries.

A

MECHANICAL SIGNATURES

73
Q

-A new generation of fraudulent alteration or counterfeiting emerged when computerized color laser copiers became available.

A

FORGERY BY COMPUTER SCANNING

74
Q

-These copiers are capable of high-resolution copying, modification of documents, and even the creation of false documents without benefit of an original, and they produce documents whose quality is indistinguishable from that of authentic documents except by an expert

A

FORGERY BY COMPUTER SCANNING

75
Q

-Signature forged by computers using

A

scanner and color printers, and graphics software