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What Is The Legal Term For A Sworn Statement Submitted To The Court When The Party Is Absent

Is a notarized document legally binding? Why or why not?

Question is :Is a notarized document legally binding? Why or why not?Answer and view:Contents of various documents embodied as a text in them and attested by a notary will inpendently be binding upon the parties executing the same to the extent of the matter and contents contained in each of the documents.Documents are of various kinds , I shall try to analyse some of them alonwith their legal implications. For example:An affidavit is a sworn statement which is tendered and declared under oath by the deponent ie the swearer of the affidavit . The oath is conferred by the notary on the swearer of the same and the deponent is bound by the contents of the affidavit which he has declared when the said affidavit is attested by the notary.An agreement entered into by two or more parties to the same and duly attested by the notary is legally valid in favour or against the parties to the agreement , in respect and the extent of the terms and conditions enumerated and embodied in the said agreement . It is evidence that the said parties to the agreement signed the said agreement in token of its correctness after admitting the correctness of the contents of the said agreement.If the document is a contract duly attested by a notary it is binding on the parties to the contract to the extent of the contents mentioned in the contract document.If the document is certified to be a true copy of the original document and the same is certified do by the notary , legal sanctity is attached to the extent that the original document existed and that the notary had compared the photostat copy with the original prior to his attesting the same.Summarising the above I am of the view that sanctity of truth is inferred from the documents duly attested by a notary.How far the said document is legally effective be differ from document to document as per the contents contained in each of the said documents.Legal sanctity to the extent of the execution of the said documents by the persons mentioned in the documents lies to the extent that the alleged parties to various documents had in reality signed the said documents with an intention to get them Legally enforced if the said documents are attested by the notary under his official seal and signatures.Disclaimer: above is not a legal advice to constitute a client attorney relationship between us.

What is hearsay and why can't it be used in a court?

Hearsay is when you say that somebody told you something. It cannot be verified, so it's not admissible in court. Otherwise, you would be able to say anything you wanted to in order to win your case.

Is it legal to notarize a document without the person present or knowledgeable of document signing?

The wording in the notarial certificate must be true and correct. There are different types of notarial acts.For an acknowledgement, the signer must acknowledge their signature but does not need to sign before the notary.For a sworn statement or affidavit, the signer must swear or affirm and sign before the notary.For a certified copy, the notary certifies that a copy is a true, complete and correct copy of an original document.For an oath of office, the notary administers the oath. There is no document to sign unless a written oath is required for record keeping.For a proof of acknowledgement, the signer does not need to appear or sign before the notary. Instead, a subscribing witness, who was present when the document was signed, and signed as a subscribing witness, appears before the notary and certifies that the signer signed before them. The signer might be incapacitated or deceased.A designated agent may sign for an absent principal under a power of attorney. The principal does not have to sign or appear before the notary.For a person with a disability, unable to sign, a signature by proxy allows the disabled person to appoint another person, a proxy, to sign on their behalf.In recent years, more states are passing laws to allow remote notarization using two-way audio/video connection by Internet.Notary laws vary by state.Disclaimer: I am not an attorney and this information is not legal advice.

Can anyone answer these questions on The United States Constitution?

Your question was:

"Can anyone answer these questions on The United States Constitution?"

The only corrcet answer is: Yes, I am sure someone can.

The better question would be:
Will anyone answer these questions on The United States Constitution?

What legal justification does the President have to ignore a Congressional Subpoena?

A very fair question, which I asked also. But I pulled it because I was not in the mood for "silly" answers, which is all I got. I honestly do not have an answer in the form you (quite rightly) seek!

I have said it MAY be a separation of powers issue. I would like to believe Bush is in the right here (excuse the pun), but I have been given my chance to "put up or shut up" here and have NOT delivered!

It may be that the case has not come up with these facts before. There's "no controlling legal authority," as they say. Certainly there are principles in the Constitution that can be discerned without the case having come up before - and we both know that sometimes a "case of first impression" is presented before a court. And I can't imagine that Congress' subpoena power is absolute. It's possible to be concerned about Congress overreaching, just as people are concerned about the executive overreaching. Politics intrudes, of course, but we should all try our best to set a rule we would ALL be happy to live with, now and in the future.

I would assume that National Review Online would give the brief for the president's position. Time will tell.

I want the law followed, yes. I do give Bush the benefit of the doubt until all the facts are in. I'm biased, but not dishonest.

(fellow attorney)

PS This might be of interest:

http://judiciary.senate.gov/oldsite/9239...

How do you get a marriage liscense for a destination wedding?

I am really confused and hopefully somebody who has had a destination wedding in the past can help me!
How did you get your marriage liscense? Did you fly to your destination weeks before and get it and then fly back? I am so confused! I am specifically talking about Florida.

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