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Legal instrument is a legal term of art that is used for any formally executed written document that can be formally attributed to its author, [1] records and formally expresses a legally enforceable act, process, [2] or contractual duty, obligation, or right, [3] and therefore evidences that act, process, or agreement.
Authentication, in the law of evidence, is the process by which documentary evidence and other physical evidence is proven to be genuine, and not a forgery. Generally, authentication can be shown in one of two ways.
A self-authenticating document, under the law of evidence in the United States, is any document that can be admitted into evidence at a trial without proof being submitted to support the claim that the document is what it appears to be. Several categories of documents are deemed to be self-authenticating: Certified copy of public or business ...
In common law, a foundation is sufficient preliminary evidence of the authenticity and relevance for the admission of material evidence in the form of exhibits or testimony of witnesses. Although the word "Foundation" does not appear in the Federal Rules of Evidence, scholars have argued that its existence is displayed, albeit implicitly, when ...
These categories refer more to the level of evidenciary validity given an instrument in court. Under these legal systems, to be received as a public instrument, a document must be subjected to a number of conditions. These include: Execution before two or more witnesses, or before an authorized civil-law notary or public officer
In law, an acknowledgment is a declaration or avowal of one's own act, used to authenticate legal instruments, which may give the instrument legal validity, and works to prevent the recording of false instruments or fraudulent executions.
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With respect to authentication, an "ancient document" is one that may be deemed authentic without a witness to attest to the circumstances of its creation because its age suggests that it is unlikely to have been falsified in anticipation of the litigation in which it is introduced.
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