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Notes on Legal Documents.docx(copy notes)
(copy notes)
These transactions include:
These transactions include:
• rental of office space;
• rental of office space;
• the sale of goods on credit;
• the sale of goods on credit;
• the hiring of employees by an employer;
• the hiring of employees by an employer;
• the engagement of service providers such as those who repair
• the engagement of service providers such as those who repair
office equipment on a contractual basis.
office equipment on a contractual basis.
IMPORTANT TO NOTE:
IMPORTANT TO NOTE:
When typing legal documents there is no room for error. When preparing a legal document you must pay special attention to the guidelines, as the documents are enforceable by law. Care must be taken with punctuation, the dividing of words at the end of a line, and the writing of numbers. When using computers to prepare legal documents, you should be able to eliminate any errors before the document is sent out or signed by very careful proofreading.
When typing legal documents there is no room for error. When preparing a legal document you must pay special attention to the guidelines, as the documents are enforceable by law. Care must be taken with punctuation, the dividing of words at the end of a line, and the writing of numbers. When using computers to prepare legal documents, you should be able to eliminate any errors before the document is sent out or signed by very careful proofreading.
How to lay out legal documents
How to lay out legal documents
There are basic guidelines for preparing legal documents:
There are basic guidelines for preparing legal documents:
• Follow the layout/style of the document given.
• Follow the layout/style of the document given.
• Legal documents are printed on US legal size (8.5 x 14 inches), A3, foolscap or A4 paper.
• Legal documents are printed on US legal size (8.5 x 14 inches), A3, foolscap or A4 paper.
• Margins are usually:
• Margins are usually:
Top - 1.5 or 2 inches
Top - 1.5 or 2 inches
Bottom - 1 inch
Bottom - 1 inch
Left hand margin (LHM) - 1.5 inches
Left hand margin (LHM) - 1.5 inches
Right hand margin (RHM) - 0.5 inches
Right hand margin (RHM) - 0.5 inches
• Documents are usually typed in double line spacing (DS).
• Documents are usually typed in double line spacing (DS).
• Documents are usually fully justified left and right.
• Documents are usually fully justified left and right.
• Indentation is not used; instead each separate clause is usually given a number (1, 2, etc.) and sub-clauses may be numbered (1.1, 1.2, etc.).
• Indentation is not used; instead each separate clause is usually given a number (1, 2, etc.) and sub-clauses may be numbered (1.1, 1.2, etc.).
• Microsoft Word’s spellchecking feature ignores words and lines that are all in capital letters; therefore, if you use this format, proofread very carefully.
• Microsoft Word’s spellchecking feature ignores words and lines that are all in capital letters; therefore, if you use this format, proofread very carefully.
• A legal document can be folded three or four times.
• A legal document can be folded three or four times.
Terms associated with legal documents
Terms associated with legal documents
Engrossment
Execution
Counterpart
Attestation
Endorsement
Endorsement
An endorsement is a brief statement or description of a legal document that allows it to be identified.
An endorsement is a brief statement or description of a legal document that allows it to be identified.
The endorsement can also be printed on the outside of the envelope in which the legal document is placed.
The endorsement can also be printed on the outside of the envelope in which the legal document is placed.
Example of a Will with Endorsement
Example of a Will with Endorsement
will
will
A will or testament is a legal declaration by which a person (the testator if
A will or testament is a legal declaration by which a person (the testator if
male or testatrix if female) names one or more persons (executors) to manage
male or testatrix if female) names one or more persons (executors) to manage
his or her estate and provides for the transfer of his or her property at death.
his or her estate and provides for the transfer of his or her property at death.
How to type a will
How to type a will
You must type the words and punctuation exactly as drafted by the person (usually an attorney or lawyer) who drew the will up. Usually there is no punctuation.
The words LAST WILL AND TESTAMENT OF (NAME) must be typed in capitals.
The body of the will is typed in double line spacing except for the signatory paragraph, which is typed in single line spacing with four to six clear spaces for the signature of the witnesses and testator.
All names, the first word of each new statement, and connecting words such as DECLARE, WITNESS, BEQUEATH and APPOINT are usually typed in capitals.
Sample of a Will
Leases
Leases
Leases are documents used when property, including houses, flats, land or commercial premises such as warehouses, is rented out.
Leases are documents used when property, including houses, flats, land or commercial premises such as warehouses, is rented out.
Leases specify the names of the owner and the person renting, the property being rented, the period of the lease (the time it will last), the conditions and the rent to be paid.
Leases specify the names of the owner and the person renting, the property being rented, the period of the lease (the time it will last), the conditions and the rent to be paid.
A lease is a contract granting use or occupation of property for a specified period in exchange for a specified rent.
A lease is a contract granting use or occupation of property for a specified period in exchange for a specified rent.
Some technical terms used in a lease are:
Some technical terms used in a lease are:
• Lessor: person who grants a lease, also known as the landlord or owner.
• Lessor: person who grants a lease, also known as the landlord or owner.
• Lessee: the person renting property under a written lease from the owner, also known as the tenant.
• Lessee: the person renting property under a written lease from the owner, also known as the tenant.
• Fee owner: ownership interest held by the landlord with the right of use and occupancy conveyed by a lease.
• Fee owner: ownership interest held by the landlord with the right of use and occupancy conveyed by a lease.
• Whereas: means ‘taking this into account…’.
• Whereas: means ‘taking this into account…’.
• Inventory: list of items included in the property.
• Inventory: list of items included in the property.
Sample of a Lease
How to type a lease, an agreement or a conveyance
How to type a lease, an agreement or a conveyance
There is no standard format for these documents but you will see in the example of a lease above that there are some important points to note:
There is no standard format for these documents but you will see in the example of a lease above that there are some important points to note:
• Paragraphs are clearly separated.
• Paragraphs are clearly separated.
• Important terms are in capital letters.
• Important terms are in capital letters.
• Sufficient space is left for the details to be added.
• Sufficient space is left for the details to be added.
Agreements
Agreements
An agreement is a negotiated legally binding arrangement between parties as to a course of action.
An agreement is a negotiated legally binding arrangement between parties as to a course of action.
Sample of an Agreement
Sample of an Agreement
contract
contract
A contract is a legally binding agreement between two or more persons that is enforceable by law, especially one dealing with employment, sales or tenancy.
A contract is a legally binding agreement between two or more persons that is enforceable by law, especially one dealing with employment, sales or tenancy.
They include documents such as contracts of employment or work, sales contracts and tenancy agreements.
They include documents such as contracts of employment or work, sales contracts and tenancy agreements.
A contract of employment sets out the terms and conditions agreed between the employer and employee. These usually include place of work, job description, remuneration, hours worked, holiday and sickness entitlements and other such details.
A contract of employment sets out the terms and conditions agreed between the employer and employee. These usually include place of work, job description, remuneration, hours worked, holiday and sickness entitlements and other such details.
Sample of a Contract
Sample of a Contract
Conveyances
Conveyances
Conveyance documents are used for buying and selling real estate or property.
Conveyance documents are used for buying and selling real estate or property.
A conveyance is a document effecting a property transfer. It is also called a sale agreement or deed of conveyance.
A conveyance is a document effecting a property transfer. It is also called a sale agreement or deed of conveyance.
These are legal documents signed, sealed and delivered to facilitate transfer of property.
These are legal documents signed, sealed and delivered to facilitate transfer of property.
Sample Conveyance
Sample Conveyance
Activity 1
Activity 1
Type a copy of each of these documents, making sure that you copy all the details exactly.
Type a copy of each of these documents, making sure that you copy all the details exactly.
(a) Type the following will on A4 paper using today’s date.
(a) Type the following will on A4 paper using today’s date.
(b)Type an endorsement of the will on a separate sheet.
(b)Type an endorsement of the will on a separate sheet.
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