Legal instrument is a legal term of art that is used for any formally executed written

document A document is a writing, written, drawing, drawn, presented, or memorialized representation of thought, often the manifestation of nonfiction, non-fictional, as well as fictional, content. The word originates from the Latin ', which denotes ...

that can be formally attributed to its author, records and formally expresses a legally enforceable act, process, or contractual duty, obligation, or right, and therefore evidences that act, process, or agreement.''Barron's Law Dictionary'', s.v. "instrument". Examples include a certificate, deed, bond,

contract A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of thos ...

will Will may refer to: Common meanings * Will and testament, instructions for the disposition of one's property after death * Will (philosophy), or willpower * Will (sociology) * Will, volition (psychology) * Will, a modal verb - see Shall and will ...

, legislative act, notarial act, court

writ In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrant (legal), Warrants, prerogative writs, subpoenas, and ''certiorari'' are commo ...

or process, or any law passed by a competent legislative body in domestic or

international law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...

. Many legal instruments were written ''under seal'' by affixing a wax or paper seal to the document in evidence of its legal execution and authenticity (which often removed the need for

consideration Consideration is a concept of English law, English common law and is a necessity for simple contracts but not for special contracts (contracts by deed). The concept has been adopted by other common law jurisdictions. It is commonly referred to a ...

law). However, today many jurisdictions have done away with the requirement of documents being under seal in order to give them legal effect.

Electronic legal documents

With the onset of the Internet and electronic equipment such as the personal computers and cell-phones, legal instruments or formal legal documents have undergone a progressive change of dematerialisation. In this electronic age, document

authentication Authentication (from ''authentikos'', "real, genuine", from αὐθέντης ''authentes'', "author") is the act of proving an Logical assertion, assertion, such as the Digital identity, identity of a computer system user. In contrast with iden ...

can now be verified digitally using various software. All documents needing authentication can be processed as digital documents with all the necessary information such as date and time stamp imbedded. To prevent tampering or unauthorized changes to the original document,

encryption In Cryptography law, cryptography, encryption (more specifically, Code, encoding) is the process of transforming information in a way that, ideally, only authorized parties can decode. This process converts the original representation of the inf ...

is used. In modern times, authentication is no longer limited to the type of paper used, the specialized seal, stamps, etc., as document authentication software helps secure the original context. The use of electronic legal documents is most prominent in the United States' courts. Most American courts prefer the filing of electronic legal documents over paper. However, there is not yet a public law to unify the different standards of document authentication. Therefore, one must know the court's requirement before filing court papers. To address part of this concern, the United States Congress enacted the Electronic Signatures in Global and National Commerce Act in 2000 (P.L. 106-229 of 2000, 15 USCS sec. 7001) specifying that no court could thereafter fail to recognize a contract simply because it was digitally signed. The law is very permissive, making essentially any electronic character in a contract sufficient. It is also quite restrictive in that it does not force the recognition of some document types in electronic form, no matter what the electronic character might be. No restriction is made to signatures which are adequately cryptographically tied to both the document text (see message digest) and to a particular key whose use should be restricted to certain persons (e.g., the alleged sender). There is thus a gap between what the cryptographic engineering can provide and what the law assumes is both possible and meaningful. Several states had already enacted laws on the subject of electronic legal documents and signatures before the U.S. Congress had acted, including Utah, Washington, and California to name only a few of the earliest. They vary considerably in intent, coverage, cryptographic understanding, and effect. Several other nations and international bodies have also enacted statutes and regulations regarding the validity and binding nature of digital signatures. To date, the variety (and inadequacy) of the definitions used for digital signatures (or electronic signatures) have produced a legal and contractual minefield for those who may be considering relying on the legality and enforceability of digitally signed contracts in any of many jurisdictions. Adequate legislation adequately informed by cryptographic engineering technology remains an elusive goal. That it has been fully, or adequately, achieved (in any jurisdiction) is a claim which must be taken with considerable caution.

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A framework and infrastructure for assuring legal strength in digital interactions
{{DEFAULTSORT:Legal Instrument Legal documents

Electronic legal documents

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