tite

LEGAL FORMS

An instrument or document to be employed in a legal transaction or a judicial proceeding that includes the primary essential matters, the appropriate technical phrases or terms, and any additional materials required to render it officially accurate, arranged in suitable and systematic order, and conducive to adaption to the circumstances of the particular case.

-This could be in the form of affidavits, sales of personal property, contracts, complaints, etc.

IMPORTANT GUIDELINES

The language used in most legal forms is English,

Correct choice of ward-the words used must be simple and appropriate. Observe correct grammar, spelling, and punctuation marks.

Proper sentence construction-sentences must be simple, direct and not too long, correct phrased. There must be subject-verb agreement.

Paragraphs must be impressive-the subject matter must be properly developed or organized. Ideas must be unified and coherent and accurately presented.

Correct citations-the writer should cite the provisions of the law and jurisprudence.

Correct form of legal document-legal writing includes the preparation of documents, instruments, pleadings and other papers where the writer applies his legal knowledge and skills.

WHAT IS DOCUMENT?

It is a written instrument, an agreement, a deed, a map, an object, a photograph or anything which proves a fact, an event, an incident, or transaction.

KINDS OF DOCUMENT

Private document a written instrument, deed or agreement which is not notarized before a notary public or any other person authorized to administer oath.

Public document-a document executed and acknowledge before a notary public or any person authorized to administer oath. It is also known as notarized document.

Notarization the act that ensures the public that the provisions in the document express the true agreement between the parties. It converts a private document to a public document and renders it admissible in court without further proof of its authenticity.

AUTHORIZED TO PERFORM NOTARIAL ACTS

Notarial Public-refers to any member of the Philippine Bar in good standing who is issued a Notarial Commission by the Executive Judge where the petition is files.

Notary Public Ex Officio-a government official who is clothed by law with general authority to administer oaths and to perform notarial acts within the limits of their territorial jurisdiction.

President, Vice President, Members and secretaries of both houses, Secretaries of departments, Governors, Mayors, Clerk of Court, etc.

Settled-a term which refers to the rule that a private document is binding between the parties who executed the same, but not as to third parties.

CLASSIFICATION OF LEGAL FORMS

1. Business Form-Forms used in conveyance, or of the forms of deeds, instruments or documents creating, transferring, modifying or limiting rights to real as well as personal properties, and other forms related to business contracts or transactions.

Business Contract is an agreement in which each party agrees to an exchange, typically involving money, goods or services.

Business Transaction-an event involving an interchange of goods, money, or services between two or more parties

2. Judicial Forms - which pertains to different kinds of pleadings, applications, petitions and the like Judicial forms includes

Ordinary civil action - one by which a party sues another for the enforcement or protection of the prevention or redress of a wrong

Complain - a statement alleging that a person has committed an offense

Motion - a formal request was made to a judge for an order or judgement. Motions are made out of the time for many purposes: to continue (postpone) a trial to a later, date, to get a ation of an order for dismissal of the opposing party's case, etc.

Answer-refers to a defendant's first formal written statement to a plaintiff's initial petition or corpont. This opening written statement will admit or deny the allegations, or demand more information about the claims of wrongdoing

Cross claim-a demand made in a pleading against another party on the same side of the sel

b. Special civiliaction-is an action whereby one party sues another to enforce or protect a right or to prevent the commission of a wrong by following special rules of procedure.

Mandamus - a special civil action whereby a court of jurisdiction commands an inferior tribunal, ar person to perform a particular duty w/c the law requires to be done resulting from such office or trust.

Que Warranto-a special form of legal action use to resolve a dispute over whether a specific person has the legal right to hold the public office that he or she occupies.

Prohibition-an extraordinary remedy available to compel any tribunal, corporation, board or person exercising judicial or ministerial functions, to desist from further (proceeding) in an action or matter when the proceedings in such tribunal, corporation, board or person are without or in excess of jurisdiction or with grave abuse