Chapter 4 Final

Chapter 4
HANDLING
LEGAL DOCUMENTS
BY: GROUP 4| BSOA 3-3N

PREPARED
by:
Anthony Kier C. Mascariola

Mariel S. Manaog
Angeline Nichole Natividad
Lizadette B. Lazo
Leajane M. Legaspi
TABLE OF
CONTENTS
01 Prepare & Process
Legal Instruments & Documents
08 Dictation & Encoding

Distinctive features
12 Types of Legal Documents

Court Documents
19 Types of Legal Documents

Non-court Documents
51
References
1
Legal Instruments and Documents

PREPARE AND PROCESS
LEGAL OFFICE PROCEDURES Chapter 4 | Group 4
Prepare and Process Legal Instruments and Documents
What are the Legal Documents?
Legal documents are contracts between two parties that protect their rights and
obligations and offer recourse if things don't go as expected. When done right, they
can protect both parties.
In short, a legal document by definition is one that outlines an agreement between two
or more parties that has been signed by mutual assent and in all other respects can
be relied upon in court. However, there are many other forms of documents that
people will refer to as legal. Such examples will be a contract, will, deed, trust and
business arrangement.
2

PREPARE AND PROCESS
HOW TO PREPARE LEGAL DOCUMENTS?
STEP 1:
Select the Proper
Legal Documents

As each transaction is unique,

your contracts will also adhere to
this idea. Consider the
transaction type for a few
seconds. For example, if you're
selling a house, utilize a sales
contract; if you're a service
provider, give consumers a
service contract.
STEP 2:
Review Your Local
Rules and Law

Contracts that do not comply with

federal, state, and local laws may
render the agreement unlawful,
making you legally and
financially vulnerable. Consider
the industry, geographic location,
and contract rules that apply
before grabbing the first basic
form available online.
3

PREPARE AND PROCESS
HOW TO PREPARE LEGAL DOCUMENTS?
STEP 3:
Have a Conversation
with Other Party

When drafting
the agreement, it's
usually a good idea to clarify the
terms and conditions with the other
side. You may also utilize this
communication to start talks if
necessary. Take comprehensive
notes and keep them on file in case
problems concerning your contracts
arise.
STEP 4:
Draft Your Legal
Documents

Once you've gathered all of

the necessary information
concerning the transaction, it's
time to put the terms in
writing. In order to support the
anticipated conclusion of your
legal documents, get into as
much detail as possible.
4

PREPARE AND PROCESS
The Significance of Ink Colors in Legal Paper

It is important to take extra precautions when signing legal papers to ensure that the
signature is legitimate and acknowledged. This includes not just using the correct pen
for signing, but also using the correct ink color. But what hue is "correct"? Does it make
a difference? In this blog article, we'll go over why specific colors are favored when
signing legal documents, as well as which colors work best for certain sorts of
paperwork. We'll also go through the recommended procedures for signing any
document, regardless of its purpose, so you know your signature is legally enforceable.
Different ink colors may have various connotations in different fields of employment.
Black ink is generally seen as more professional than other colors and when it comes to
court papers certain jurisdictions have precise restrictions governing the color of ink to
be used when signing original documents.
5

PREPARE AND PROCESS
Legal Instruments
Instruments are written legal documents that record the formal execution of legally
enforceable acts or agreements, and secure their associated rights, obligations, and
duties.
Once an legal instrument has been given legitimacy and force, it is considered to have
been legally executed. For example, a contract is put into effect when it is signed. The
Instrument can then be used as proof to show that such activities or agreements
actually happened.
6

PREPARE AND PROCESS
Contracts - A contract is an agreement between parties that creates mutual obligations enforceable
by law.
Will - A will is a legal document that states a testator's wishes and instructions for managing and
distributing their estate after death, while intestate succession is passing the property of the
decedent according to the State's intestacy statute.
Promissory Note - A promissory note is an unconditional promise to pay a certain amount of money
to a named party or the holder of the note.
Deed - A deed is a legal document that grants ownership to a piece of real estate or other property
asset, and is usually recorded in the local county clerk's office.
Statutes - A statutes are laws enacted by a legislature, which must be passed by both houses of
Congress and approved by the President before taking effect.
Who Prepares Legal Documents ?
Anyone may need to prepare legal documents for

a personal or business transaction, and document
drafting measures will depend upon the
transaction type.For example, end-of-life planning
requires estate planning documents, or selling a
house requires real estate documents.
If you want to draft legally sound contracts, always

seek legal advice from contract lawyers . They will
understand your situation, apply the law to it, and
craft the perfect document that meets your needs.
7

PREPARE AND PROCESS
A certified legal document preparer should

create affidavits, complaints, and motions as part
of court proceedings. Notaries can recognize
more complex legal forms, so a licensed attorney
or law firm should prepare them for the best
results.
CLDPs must make it clear to customers that they

are not lawyers and cannot give legal advice, but
can provide general factual information about
legal rights, procedures, or options.
For Example, In a family court matter like a

divorce, a CLDP may be beneficial. It is less
expensive than hiring a lawyer and the
documents required to begin the case may seem
complicated and intimidating. However, it is still
important to ensure that the documents are
correct.
When you Need to be Prepared?
If you work for a small company or are an entrepreneur, you can draft employment
contracts, service agreements, and other legal matters without legal aid. However, it is
important to consult with or hire a licensed attorney for legal document preparation
services or to get legal advice for divorce proceedings, child support, and large estate
planning.
Preparation is a skill that can be learned and improved over time. It is the difference
between being reactive and proactive, as it allows you to manage problems quicker and
more efficiently. The advantage of preparation is that you already have the solutions at
hand ready to be applied.
8
Dictation and Encoding in Legal Office

DISTINCTIVE FEATURES
What is Dictation?
-The action saying words aloud to be typed, written down, or recorded

on tape. Dictation is the transcription of spoken text: one person who
is "dictating" speaks and another person who is "taking dictation"
writes down the word as they are spoken.
When used in the court, the aim has been for secretary to write down what is
said by the lawyer, word by word, later on checking it and see if there are
errors. Accuracy plays a huge role in dictation as well as sharp ear and
clear pronunciation because every word should be precise.
With dictation you can playback the recording or read from the written ones.
9

What is Encoding?
-Encoding is the process of putting sequence of

characters (letters, numbers, punctuations, and certain
symbols) into a specialized format for efficient
transmission or storage.
Encoding involves the use of a code to change original data

into a form that can be used by an external process.
Typewriter and keyboards are one the equipment needed to
do this.
It is the process of converting data in a format required for a

number of information processing needs, including:
compiling
data transmission, storage and compression
file conversion
How dictation and encoding use in legal offices?
-Dictating may be more useful if you need to practice an argument you will make in court.
Dictation may also be more useful when brainstorming ideas., or if you are just taking notes for
your own personal use. On the other hand, encoding can be useful if you are going to be sharing
information, or if you need to store the information for future use.
Commonly dictation happen when lawyer starts to speak and say things that the secretary need to jot
down. Legal meetings, conference calls, witness interviews, and hearings are one of the example
where dictation happens in legal offices. Some offices manually do dictation but some uses a
technology that can record everything you said in an instant.
Machine has a vital role in encoding. You can easily do the task specifically if you are a fast typist person.
Encoded documents can be easily shared in court proceedings and offices because it is a hard
copy where they can write or highlight some part that are important.
10

Difference of dictation and encoding
Dictation is generally faster, since it is simply a recording of whatever is said to an individual or

device. Encoding requires a human to type up the recording or what is being said with the help of
machine.
Secretary or assistant can use shorthand in dictation because in a minute you can write 100 words
especially if the person takes shorthand lessons, it is easy to follow the one speaking. Additionally,
documents that are result of dictation can have some room for errors due to unclear voice, different
diction on words, and background noise.
Encoding, is almost the same with dictation however in encoding you need a machine like keyboard or
typewriter to encode the calls, minutes of the meetings, and conference. The documents that are
encoded can be very helpful because most of the time it is accurate due to the fact that it came from a
recorded video or voice message that being transferred.
Benefits of dictation and encoding
Saves Time Precise and Clear
Language Skills Accurate
Easy to use Ease of sharing

11

Benefits of dictation and encoding
Saves time
Dictation is helpful if you want an easy way to have the copy of documents because it is done right on the spot.
Once the lawyer, judge, victim, suspect, or anyone inside the legal office start talking you need to write
everything they've said. In encoding, it saves time because once you're done encoding the recorded
documents you can easily reread the paper and don't have any doubt that it has errors.
Language skills
Dictation helps us to improve our language skills by listening. Great communication is a must in this kind of
work that's why while doing this task, you will surely learn different words, diction, and etc. Talking about
encoding, it can expand your vocabulary, building grammar, and spelling.
Easy to use
In dictation, once you take a shorthand classes you can do it easily. It can help you to write words in strokes
that is more faster than writing in letter by letter. With only paper and pen you can finish the task right away.
Encoding on the other hand, help you to type faster especially if you master the machine like typewriter and
keyboard.
Precise and clear

After taking dictation, you can easily share the documents or the recorded audio file on everyone who needed
it. The only consequence on this is that you need to replay or rehear the audio to have a better understanding.
Encoding helps us to focus on the recorded files and encode the only important part.
Accurate
Based on accuracy, we all know that dictation was taken by human so that removing unnecessary words and
not minding the background noise can bring accurate results. While encoding, it gives accuracy due to the fact
that it needs to be heard before encoded that's why hearing it can change right away the mistakes.
Ease of sharing
Once the dictation is done, you can give it as soon as possible to the person needing it. Especially now that
technology was updated one tap can automatically bring everything to anyone. In encoding, sharing hard
copy of documents was more presentable and easy access to read and highlight important parts
12
Types of Legal Documents

COURT DOCUMENTS
What are Legal Documents?
-Any document that contains information on legal issues is

classified as a legal document. A legal document must not be
handled by any ordinary person due to the complex nature of
such documents. However, there are exceptions such as
divorce cases where files and documents can be handled by
concerned parties.
-Forms are printed documents with spaces where you can insert
information. Forms have been created (by courts, self-help
centers, legal aid organizations, and the like) to help people in
their court cases.
13

COURT DOCUMENTS
Court documents are those materials filed in relation to a legal case before the courts. Examples of
court documents would be dockets, pleadings, motions, memoranda, briefs, orders, and expert testimony.
DOCKET
It could be defined as:

an official summary of the proceedings in a court of justice.
a register containing such a summary.
a customs certificate declaring that duty has been paid.
a certificate giving particulars of a shipment and allowing
its holder to obtain a delivery order.
a list of cases awaiting trial.
the names of the parties to pending litigation.
to make a summary of a document or a judgment.
to abstract and enter in a book or register.
BRIEFS
A written statement summarizing the arguments of a case. It contains factual and legal arguments as
well as references to any legislation or cases that are being relied on to support those arguments.
A brief is a written statement prepared by a lawyer and

submitted to the court for the following reasons:
➢ to outline the pertinent facts of the case;

➢ to present the questions of law to be decided;
➢ to present the position of the lawyer's client as to those questions;
➢ to list the legal arguments and authorities, such as statutes and
appellate court decisions, which support the client's position.
14

COURT DOCUMENTS
SUMMONS
A summons is a document that is an order by a court requiring someone to appear in court. In
general, a summons is the beginning of a legal case. It signals the issue that needs to be
adjudicated (tried in court)
A summons can be used in either a civil or a criminal case. In civil lawsuits, a summons is
issued to the defendant in the lawsuit, requiring his or her presence to defend a case.
What is Included in a Summons?
A summons is an official court document. It

includes:
The name of the type of court issuing
the summons. It's important to note the
court that has jurisdiction, which might be in
another state than your own.
The name of the party receiving the
summons. It might be you as an officer of
the company, or it might be to the "agent
authorized to receive service" (that's the
registered agent you listed on your
business registration with your state).
The number assigned to the case by the
court
The names of the plaintiff (person filing
suit) and defendant
15

COURT DOCUMENTS
SUBPOENA
Is an order to compel someone to come to a court at a certain date and time. A command to
appear at a certain time and place to give testimony upon a certain matter. Legal document
issued by the courts to order a person to appear as specified and give testimony and/or
bring evidence.
What's Included in a Subpoena?
The subpoena will include:

The court or government entity requesting
your presence. It might be a court or a local
or state board or government. For example,
a county commission may demand you give
testimony in a hearing about a proposed
ordinance.
The matter - a lawsuit or an investigation. o
The place, date, and time for your
appearance.
A statement of the penalty for not showing
up and complying with the provisions of the
subpoena.
To receive a subpoena you may or

may not be directly involved in the
case as a plaintiff (the person
making the claim), or the
defendant (the person defending
against the claim).
16

COURT DOCUMENTS
Court documents are those materials filed in relation to a legal case before the courts. Examples of
court documents would be dockets, pleadings, motions, memoranda, briefs, orders, and expert testimony.
INTERROGATORIES AFFIDAVIT
Interrogatories are a form of discovery, or Affidavits are voluntary and written

compulsory release, by the opposing party statements of fact that are signed and the
involving the submission of written questions to truth of their content affirmed or sworn to
the other party. These are sent to clarify specific by the declarant before a notary public or
points pertaining to the case that are unclear. another officer authorized to administer oaths.
Interrogatories are filed with the court and have There are usually one or more notary publics in
a deadline placed upon the other party for any law office who will apply their seal when
answering. required.
17

COURT DOCUMENTS
APPEAL
APPEAL
An appeal is the process of seeking to obtain a

The higher court may or may not agree
review and reversal by a higher court of a
to review a previous decision, or it may
lower court's decision. Appeals are filed
agree to review the appeal but ultimately
when the ruling is considered
rule with the prior court's decision;
unsatisfactory or in error and must provide
therefore, an appeal is not a guarantee of
specific proof of error or exact reasons why
reversal or review.
the original ruling should be reviewed and/or
reversed.
18

COURT DOCUMENTS
ANSWER
A response to a pleading, discovery request,

or other procedural step taken by any attorney
involved in the case. Answers also are
pleadings that are a defendant's response
to a plaintiff's complaint. Pleadings deny,
admit, or address each allegation in a
complaint and may also set forth the
defendant's affirmative defenses and
counterclaims. An answer may also be
referred to as a "reply."
COMPLAINT
A complaint is an initial pleading of a

plaintiff in a civil action that identifies the
three following points:
➢ the court's jurisdiction;
➢ the alleged facts that entitle the plaintiff to
relief;
➢ the relief sought by the plaintiff
19

NON-COURT DOCUMENTS
Non-court Documents
These documents are also known as client documents or

legal instruments. An instrument is a written legal document
that records the formal execution of legally enforceable acts or
agreements, and secures their associated legal rights,
obligations, and duties.
Contracts, wills, promissory notes, deeds, and statutes passed

by competent legislatures are examples of legal instruments.
Typically, these instruments must be read as a whole, with
every part interpreted in accordance with the whole.
20

NON-COURT DOCUMENTS
Contract vs. Agreement
There is an old statement:
"ALL CONTRACTS ARE AN AGREEMENT,

BUT ALL AGREEMENTS ARE NOT CONTRACTS"
Generally, people tend to use “agreement” and “contract” interchangeably, but is there a true
differentiator? In reviewing agreement vs. contract terminology, their similarities and
differences are critical to legal enforceability.
A contract is an agreement, but an agreement is not always a contract. An agreement can

be informal or it may be written; a contract may be verbal or written, but a contract will
always be enforceable if it contains certain requirements. Modern contract management
software takes an agreement and puts in the legal requirements that formally turn an
agreement into a contract.
Agreement
An agreement is a “manifestation of mutual assent by two or

more persons to one another.” An agreement may be as simple as
two neighbors arranging to trade lawn-care equipment, or as
complicated as a Terms and Conditions (Ts&Cs) clickwrap
agreement for your latest phone app.
An agreement is the meeting of two minds to a common intention,

made with an offer and an acceptance. To use the Ts&Cs example,
the app is offering to allow the user to access their services under
certain conditions, and the user accepts by clicking the “Accept”
button, which lets them download the app.
21

NON-COURT DOCUMENTS
Agreement
Like we said before, agreements are often

informal. They are a less rigid and formal type of
contract: simply, they are an understanding or
arrangement between two or more parties, often
referred to as "handshake agreements.”
Agreements are typically verbal. In many places, they are legally binding.
When are verbal agreements not legally binding? In the United States, a verbal agreement
isn’t legally binding when it involves:
The sale or transfer of an interest in land or real estate

Terms that outlast the lifetime of one of the parties (e.g. copyright)
Selling goods valued greater than $500
Marriage or divorce agreements
Terms that will take longer than one year to carry out
Someone’s promise to pay someone else’s debt
The biggest trouble with verbal agreements is that they’re hard to

enforce. If there’s no record, courts can’t demand that both parties
adhere to the terms of the agreement. Even with verbal agreements,
it is important to keep records in place so that no party forgets the
terms.
However, if two parties have established confidence and trust in one

another, a non-contractual agreement can be the way to go, saving
time and money and allowing more flexibility.
22

NON-COURT DOCUMENTS
Contract
No court will enforce a contract that is not
legal. Although parties can make contracts for
A contract is an “agreement between private just about anything they wish, the courts will
parties creating mutual obligations enforceable by not enforce performance for acts that are
law.” There are specific elements required to create illegal or contrary to public policy.
an enforceable contract:
Mutual assent, or a “meeting of the minds.”
Offer and acceptance.
Consideration.
Capacity to contract.
Legality of contract.
The requirements of mutual assent and offer and

acceptance are similar to that of an agreement.
Consideration means that the exchange is made for
adequate compensation. A good example is an
employment contract. The worker agrees to work a
specified job in exchange for a stated rate of payment.
Capacity simply means that the parties are legally

capable of entering into a contract. Depending on the
jurisdiction, age or mental disability may prevent some
individuals from entering into a contract or may allow the
contract to be voided later. If one party is aware of the
other’s lack of capacity, there are types of contracts that
cannot be entered into.
Contracts are formal and legally binding agreements. The entities involved can
use them as supporting evidence if one of them fails to comply with the rules. If
one party breaches the contract or fails to properly perform their end of the deal,
the other party can take legal action.
KINDS OF AGREEMENTS OR CONTRACTS 23

NON-COURT DOCUMENTS
Benefits:
Agreement
Benefits of an agreement: Benefits of a written contract:
Quick and simple
Informal Legally enforceable
Flexible in nature Tangible proof
Minimizes risk and disputes
Can be quick if a template/online portal
is used
Makes terms and responsibilities clear
KINDS OF AGREEMENTS OR CONTRACTS
These are agreements to rent These are agreements to buy

To employ individuals
or lease property or sell property or services

To grant the right to purchase To grant authority to one person to

stock in a company act on behalf of another
24

NON-COURT DOCUMENTS
To summarize:
Agreement
The key difference between contracts and agreements is that lie in their flexibility and
enforceability — a contract is a form of agreement that is always legally enforceable. An
agreement can be a contract, as long as it has all the elements of a contract that makes it
enforceable.
An agreement is a prelude to a contract. The “meeting of minds” that defines both an

agreement and a contract is an essential part of both. One of the valid reasons to cancel a
contract is a mutual mistake. This can occur when—despite both parties believing they
agree on a fact or clause—one or both of them are wrong.
‌Both an agreement and a contract require that the parties be on the same page when it
comes to who is doing what, who gets what in return, and when any necessary actions will
take place. Both agreements and contracts are recognized to be arrangements between
two or more parties to perform certain responsibilities.
‌The critical difference is that contracts are recognized as legally enforceable

promises to perform. Some agreements—such as clickwrap agreements—have been
held to be legally enforceable, but those agreements must have certain legal terminology
that indicates the parties’ intent to enter into a binding agreement.
25

NON-COURT DOCUMENTS
Deed
A deed is a signed legal document that

transfers ownership of an asset to a new
owner. Deeds are most commonly used to
transfer ownership of property or vehicles
between two parties.
The purpose of a deed is to transfer a title, the

legal ownership of a property or asset, from
one person or company to another.
A deed to real property must be properly filed with the local

government for its owner to be able to sell it, refinance it, or
obtain a line of credit on it. This task is usually undertaken by the
property buyer's attorney or title insurance company.
A deed is a binding document in a court of law only after it is filed

in the public record by a local government official who is tasked
with maintaining documents. The signing of a deed must be
notarized. Some states also require witnesses.
If a deed is not written, notarized, and entered into the public

record, it may be referred to as an imperfect deed. The document
and the transfer of title are valid, but the related paperwork may
need to be on file with the register of deeds to avoid a delay if
there is a legal challenge.
26

NON-COURT DOCUMENTS
Main Deed Types
Grant deed
Contains two guarantees: that the

asset has not been sold to
someone else and that it is not
burdened by any encumbrances
that have not been disclosed, such
as outstanding liens or mortgages.
That is, the deed is "free and clear" of

defects. Grant deeds do not
necessarily need to be recorded or
notarized, but it is generally in the
best interests of the grantee to ensure
that this is done.
27

NON-COURT DOCUMENTS
Main Deed Types
Warranty deed Quitclaim deed
Sometimes called a special warranty deed, Releases a person's interest in an asset

declares that the grantor has not caused any without stating the nature of their interest
title defect while owning the property. It or rights. The grantor could be a legal
provides the greatest amount of protection to its owner or not, and makes no promises.
holder. It offers the same guarantees as a grant Quitclaims are often used in divorce
deed plus a promise that the grantor will settlements and in transfers of
warrant and defend the title against any claims. property between family members.
28

NON-COURT DOCUMENTS
Deed Limitations:
Agreement
Transfer of ownership can get muddled even when a perfected deed has been
filed. There could be a cloud on title for a variety of reasons. False deeds or
deeds that contain errors can be filed that require clearing up with the record
keepers.
There also can be probate issues. For example, if the owner of a property passes
away without defining in a will who should gain control of some property, the heirs
might challenge one another in court for the property title.
Moreover, conferring a title through a deed does not necessarily grant the new
owners the right to use the property in any way they choose. A deed may include
restrictions on the owner's actions, such as the rules imposed by a
homeowner's association.
An individual who signs a deed for a parcel of land has a legal right to
possess that land, for example, but may not be able to build a shooting range on
it because of the potential risks it would pose. In other cases, the holder of the title
to a piece of property may own the land but be unable to develop it for
environmental reasons.
29

NON-COURT DOCUMENTS
Patent of Invention
Patent law is the branch of intellectual property law that deals with new
inventions. Traditional patents protect tangible scientific inventions, such as
circuit boards, car engines, heating coils, or zippers. However, over time patents
have been used to protect a broader variety of inventions, such as coding
algorithms, business practices, or genetically modified organisms.
Patent is a set of exclusive rights granted by a state to an inventor or his

assignee for a fixed period of time in exchange for a disclosure of an
invention.
The patent law has a three-fold purpose: “first, patent law seeks to foster
and reward invention; second, it promotes disclosures of invention; and
third, to ensure that ideas in the public domain remain there for the free use
of the public.”
In rewarding a useful invention, the rights and welfare of the community
must be fairly dealt with and effectively guarded.
30

NON-COURT DOCUMENTS
Patent of Invention
In general, a patent can be granted if an invention

is:
not a natural object or process;

new;
useful; and
not obvious.
Exactly what is eligible for patent protection is a

topic of fierce debate, and courts often struggle to
determine what is a new, nonobvious invention.
Once granted, a patent gives the inventors the

exclusive right to sell their invention for 20 years.
Sometimes inventors give other companies a
license to manufacture and sell the invention in
exchange for a fee.
31

NON-COURT DOCUMENTS
Will
A will is a legal document that sets forth your wishes regarding the
distribution of your property and the care of any minor children. If you
die without a will, those wishes may not be carried out. Further, your heirs
may end up spending additional time, money, and emotional energy to
settle your affairs after you're gone.
A will is a document that contains your direct wishes for your

property and assets, as well as the care of your dependents.
Failure to prepare a will typically leaves decisions about your estate in
the hands of judges or state officials and may also cause family strife.
You can prepare a valid will yourself, but you should have the document
witnessed to decrease the likelihood of successful challenges later.
To be completely sure everything is in order, consider having your
will prepared by a trusts and estates attorney.
32

NON-COURT DOCUMENTS
Will
What Does a Will Cover?

A will allows you to direct how your belongings—such as bank balances, property, or
prized possessions—should be distributed. If you have a business or investments, your will
can specify who will receive those assets and when.
A will also allows you to direct assets to a charity (or charities) of your choice. Similarly, if
you wish to leave assets to an institution or an organization, a will can assure that your
wishes are carried out.
While wills generally address the bulk of your assets, some aren't covered by their
instructions. Those omissions include payouts from the testator's life insurance policy. Since
the policy has specified beneficiaries, those individuals will receive the proceeds. The same
will likely apply for any investment accounts that are designated as "transfer on death."
There's a key exception: If the beneficiaries of those assets predeceased the testator, the
policy or account then reverts to the estate and is distributed according to the terms of a will
or, failing that, by a probate court—a part of the judicial system that primarily handles wills,
estates, and related matters.
Most states have elective-share or community property laws that prevent people from
disinheriting their spouses. If a will assigns a smaller proportion of such assets to the
surviving spouse than state law specifies, which is typically between 30% and 50%, a court
may override the will.2
In addition to directing your assets, a will states your preferences for who should take over
as guardian for your minor children in the event of your death.
33

NON-COURT DOCUMENTS
Types of Will
Joint and Mutual Will
A married or committed couple usually

executes this type of will. After one party
dies, the remaining party is bound by the
terms of the mutual will.
Mutual wills can be used to ensure that

property passes to the deceased’s children
rather than to a new spouse. Because of
state differences in contract law, a mutual
will should be established with a legal
professional's help. Though the terms
sound similar, a mutual will should not be
confused with a joint will.
34

NON-COURT DOCUMENTS
Types of Will
Joint Will Last will and testament
A joint will is a single will signed by two or A last will and testament is a legal
more persons but not necessarily document that communicates a person's
reciprocating or mutual. Most joint wills final wishes pertaining to their assets. It
are written such that when one spouse provides specific instructions about what to
dies, their portion of the estate passes to do with their possessions. It will indicate
the other. Then the entire estate goes to whether the deceased leaves them to
their children when the second spouse another person, a group, or wishes to
passes away. donate them to charity.
35

NON-COURT DOCUMENTS
WhyWill
You Should Have a Will

Some people think that only the very wealthy or those with complicated assets need wills.

good reasons to have a will.
However, there are many
You can be clear about who gets your assets. You can decide who gets what and how
much.
You can keep your assets out of the hands of people you don't want to have them (like
an estranged relative).
You can identify who should care for your children. Without a will, the courts will decide.
Your heirs will have a faster and easier time getting access to your assets.
You can plan to save your estate money on taxes. You can also give gifts and charitable
donations, which can help offset the estate tax.
Where To Keep a Will

A probate court usually requires access to your original will before it can
process your estate. It's crucial, then, to keep the document where it is safe
and yet accessible. Avoid storing it in a bank safety deposit box or in any
other location where your family may need a court order to gain access. A
waterproof and fireproof safe in your house is a good alternative.
Then let at least your executor know where the original will is stored, along
with needed information such as the password for the safe. Besides, it's
wise to duplicate signed copies to the executor and your attorney if you
have one. The signed copies can be used to establish your intentions in
case the original is destroyed or lost.
However, the absence of an original will can complicate matters, and

without it, there's no guarantee that your estate will be settled as you'd
hoped. So store the document with care.
36

NON-COURT DOCUMENTS
Mortgage
A mortgage is a type of loan used to purchase or

maintain a home, land, or other types of real
estate. The borrower agrees to pay the lender
over time, typically in a series of regular
payments that are divided into principal and
interest. The property then serves as collateral to
secure the loan.
A borrower must apply for a mortgage through

their preferred lender and ensure that they meet
several requirements, including minimum credit
scores and down payments. Mortgage
applications go through a rigorous underwriting
process before they reach the closing phase.
Mortgage types vary based on the needs of the
borrower, such as conventional and fixed-rate
loans.
37

NON-COURT DOCUMENTS
Business Documents
“If you didn’t document it, you didn’t do it!”
Think about the daily workings of your business. You are most likely dealing with
numerous documents, communicating with colleagues, prospects, suppliers, and
more. But where’s the proof?
Introducing: Business Documents!
Business documents refer to all the files, documents, papers, books, reports, records,
letters, etc. related to the business.
Simply put, business documents are all the documents that pertain to the activities
that take place in a business.
They can be financial transactions, customer data, agreements, meeting minutes, or

any other internal or external written communication, The list is never-ending.
38

NON-COURT DOCUMENTS
Types of Business Documents
Articles of Incorporation

Many businesses in the U.S. and Canada are formed as a corporation, which is a type of
business operation that is formed in the state where the company carries out its operations.
To be recognized legally as a corporation, a business must incorporate by taking certain
steps and making certain decisions required under corporate law. One such step is filing a
document known as articles of incorporation.
Articles of incorporation are a set of formal

documents filed with a government body to
legally document the creation of a corporation.
Articles of incorporation generally contain
pertinent information such as the firm’s
name, street address, agent for service of
process, and the amount and type of stock to
be issued. The articles of incorporation are used
to legally form the corporation.
Articles of incorporation are in the document

necessary to register a corporation with a state
and acts as a charter to recognize the
establishment of a corporation. The document
outlines the basic information needed to form
a corporation, the governance of a
corporation, and the corporate statutes in the
state where the articles of incorporation are filed.
39

NON-COURT DOCUMENTS
Bylaws
Bylaws are a vital component of organizational governance. You can think of them as the
machine by the product that ensures the organization meets its legal obligations. Whether
your state or location legally requires bylaws, you should draft a personalized document
since they can help your organization handle disputes, concerns, or questions as they arise
in the future.
Bylaws are legal documents that

organizations use to define the legally binding
rules a corporate or nonprofit board of
directors uses to operate. They address
critical issues, such as quorum requirements,
board member terms, annual meetings, and
other top-level administration issues.
The purpose of bylaws is to establish the

set of rules that govern an organization’s
internal operations with board members .
Bylaws can address dividends,
administrative functions, and board
composition. Additionally, they contain
information about the company’s share
capital, location, and nature of business.
40

NON-COURT DOCUMENTS
Key Topics generally covered in

corporate bylaws include:

Identifying information (e.g., name, purpose and location)

Number and type of shares and stock classes
Number and responsibilities of the Board of Directors
Committees of the Board of Directors
Process for appointing, removing and replacing directors
Titles of corporate officers
Process for appointing, removing and replacing officers
Procedural requirements for voting, including process for amending bylaws
Conflict of interest provisions
Indemnification of directors and officers
Historically, bylaws date back to the inception of commercial operations,

when the prerequisite for operation focused on establishing goals,
powers, resources, and legal plans.
A common mistake made when forming a business is not paying enough

attention to the wording of bylaws, with some organizations even copying
and pasting a boilerplate template that is unlikely to meet the legal
situation. Ensure that you consider the different bylaws available and
standard provisions to avoid this oversight.
If you have already incorporated your business or are about

to, a lawyer can assist you by drafting corporate bylaws that
provide clear rules for how your business will operate,
delineate procedures for making critical corporate decisions,
interact appropriately with background state corporation law
and dictate how any disputes among owners--and between
owners and officers--will be resolved.
41

NON-COURT DOCUMENTS
Partnership Agreement
A business partnership agreement is a legally binding document that outlines

business operations, ownership stakes, financials and decision-making details.
When coupled with other legal entity documents, business partnership agreements
could limit liability for each partner. It should always be written or reviewed by legal
counsel before they are signed.
Any business partnership in which two or more people own a stake in the company
should have a business partnership agreement. This legal document provides
critical guidance in a company’s operations.
It outlines the following information:
Individual partners’ responsibilities

Capital contributions
Partnership property
Each partner’s ownership interest
Decision-making conventions
The agreement also outlines what steps will be

taken if one business partner decides to sell
their interest or leave the company and how the
remaining partner or partners would split profits
and losses.
42

NON-COURT DOCUMENTS
Willmain types of partnership agreements

Three
General: In a general partnership, all partners equally share liabilities, profits, and
assets.
Limited: Limited partnerships protect partners who do not contribute capital equally. This
way, the partner or partners who contribute the most money or assets earn the most
profit and take on the most liability, while partners who contribute less in capital or assets
earn less in profits and carry less liability.
Limited liability: Limited liability partnerships function much the same as general
partnerships, but give the partners limited personal liability while maintaining equal
shares of the company and its profits.
Benefits of a Partnership Agreement

Partnership agreements offer a host of benefits to those business owners who

create one. A few of the most substantial benefits include:
Business outline: The agreement delineates all the elements of the

business and how the partners are to manage each, which helps reduce
confusion once the business is running.
Clear responsibilities: The partnership agreement clearly establishes

personal responsibilities for each partner in terms of capital, profits, losses,
and liabilities in addition to business management and oversight.
Form of mediation: The primary benefit of a partnership agreement is in

its ability to forestall future arguments. Since all expectations and
responsibilities are outlined, all partners should know what they need to do
to fulfill their duties.
43

NON-COURT DOCUMENTS
Trust
A trust is a legal entity with separate and

distinct rights, similar to a person or
corporation. In a trust, a party known as a
trustor gives another party, the trustee, the right
to hold title to and manage property or assets
for the benefit of a third party, the beneficiary
Trusts can be established to provide legal

protection for the trustor’s assets to ensure
they are distributed according to their
wishes. Additionally, trusts can save time,
reduce paperwork, and sometimes reduce
inheritance or estate taxes.
Trusts are created by settlors (an individual along with a lawyer) who decide how to transfer parts
or all of the individual's assets to trustees. These trustees hold on to the assets for the
beneficiaries of the trust.
The rules of a trust depend on the terms on which it was built. In some areas, it is possible for
beneficiaries to become trustees. For example, in some jurisdictions, the grantor can be a lifetime
beneficiary and a trustee at the same time.
A trust can be used to determine how a person’s money should be managed and distributed while
that person is alive or after death. A trust helps an estate avoid taxes and probate. It can protect
assets from creditors and dictate the terms of inheritance for beneficiaries.
A trust is one way to provide for an underage beneficiary or someone who cannot manage their
finances due to medical or other conditions. Once the beneficiary is deemed capable of managing
their assets, they will receive possession of the assets held in trust.
44

NON-COURT DOCUMENTS
Categories of Trusts

Living or Testamentary

A living trust, also called an inter-vivos

trust, is a written document in which an
individual's assets are provided as a trust
for the individual's use and benefit during
their lifetime. A trustee is named when the
trust is established; this person is in charge
of handling the affairs of the trust and
transferring the assets to the beneficiaries
at the time of the grantor's death.
A testamentary trust, also called a will trust,

specifies how an individual's assets are
designated after the grantor's death.
45

NON-COURT DOCUMENTS
Categories of Trusts

Revocable or Irrevocable

A revocable trust can be changed or terminated by the trustor

during that person's lifetime.
An irrevocable trust, as the name implies, cannot be changed

once it's established.
Living trusts can be revocable or irrevocable. Testamentary trusts

are generally irrevocable once established but can be revocable
via a will if the grantor is still alive. The fact that it is unalterable,
containing assets that have been permanently moved out of the
trustor's possession, is what allows estate taxes to be minimized
or avoided altogether.
46

NON-COURT DOCUMENTS
Power of Attorney
The term power of attorney (POA) refers to a legal authorization that gives a designated person
the power to act for someone else. As such, a POA gives the agent or attorney-in-fact the
authority to act on behalf of the principal. The agent may be given broad or limited authority to
make decisions about the principal's property, finances, investments, or medical care.
The person who receives the authority is the agent or attorney-in-fact while the subject of the
POA is the principal.
The agent can have broad legal authority or limited authority to make decisions about the
principal's property, finances, or medical care.
The POA is often used when the principal can't be present to sign necessary legal documents
for a financial transaction.
A durable power of attorney remains in effect if the principal becomes ill or disabled and
cannot act personally.
47

NON-COURT DOCUMENTS
How it works?

A power of attorney is a legal document that

involves the agent or attorney-in-fact, and the
principal. It is used in the event of a principal's
temporary or permanent illness or disability, or
when they can't sign necessary documents. The
principal must choose a POA who they trust to
handle their affairs for them.
Documents can be obtained online or through a

lawyer. Both parties must sign the paperwork.
A third party is usually required to witness it.
Most POA documents authorize the agent to

represent the principal in all property and financial
matters as long as the principal’s mental state of
mind is good. If the principal becomes incapable
of making decisions for themselves, the
agreement automatically ends
A power of attorney can end for several

reasons, such as when the principal A power of attorney for use in case of need
revokes the agreement or dies, when a might be considered by anyone planning for
court invalidates it, or when the agent can unexpected incapacitation or long-term care,
no longer carry out the responsibilities no matter how remote such events appear to
outlined. In the case of a married couple, be. It might also be needed for someone
the authorization may be invalidated if the expecting to be away from home and difficult
principal and the agent divorce. to reach for some time.
48

NON-COURT DOCUMENTS
Transferring title to real property
What is a land title?
A land title is the final proof of property ownership in the Philippines. The
Torrens Title System, land registration, and land transfer system were adopted
to document the transfer of property title from the original owner who registered
it to subsequent owners.
To transfer the land title into your name or the name of the group of people who
own the property once you’ve purchased real estate or property sold, such as a
condominium unit or a house and lot. You must study the prerequisites and
map out the methods for transferring the land title.
A land title, also known as a certificate of title, is a document that verifies a

person’s or group’s right to purchase and acquire property. A property title can
also assist landowners and homebuyers in determining existing liens, usage
rights, easements, natural resource rights, and other rights.
49

NON-COURT DOCUMENTS
Will
What ID should I present during the land title transfer?

The acceptable Valid IDs in the Philippines are:

Passport.
Driver’s license.
Professional Regulation Commission (PRC) ID.
Postal ID.
Voter’s ID.
Taxpayer Identification Number (TIN).
Government Service Insurance System (GSIS) e-Card.
Social Security System (SSS) card.
The Unified Multi-Purpose ID (UMID)
Responsibilities as the buyer

The BUYER is in charge of:

The registration charge is 0.25 percent of the selling price, zone value, or
fair market value, whichever is higher.
The selling price, zonal value, or fair market value, whichever is larger, is
taxed at 0.5 percent (in the provinces) or 0.75 percent (in Metro Manila).
The Documentary Stamp Tax is set at 1.5 percent of the selling price,
zonal value, or fair market value, whichever is higher.
Expenses related to the registration process.
Responsibilities of the seller

The SELLER is in charge of:
Taxes on real estate are owed.

6 percent of the selling price on the Deed of Sale or the zone
value, whichever is larger, in capital gains tax.
50

NON-COURT DOCUMENTS
How it works?

Transferring title to a property can be done directly by the

homeowner in most cases.
Transferring a title of real estate is a straightforward

process accomplished using a legal instrument known as
a property deed.
Application of laws are extremely important about real

estate transactions, since it is essential that there be no
confusion regarding ownership of all the land.
To own land, one must have title to it. And to sell

land, one must be able to prove that he does have a
clear title to it.
This requires a search of public records to make

certain that the land rightfully belongs to the seller
and that there are no claims or liens against the
property.
The most common type of lien is one that exists

against real or personal property when the
property has been offered as security for a loan.
End
51
References:
https://www.contractscounsel.com/b/prepare-legal-document
https://www.adobe.com/sign/esignature-resources/prepare-legal-documents.html
https://www.natlawreview.com/article/how-to-prepare-and-format-legal-documents
https://www.rev.com/blog/transcription-blog/what-is-legal-
transcription#:~:text=Dictation%20is%20the%20process%20of,word%20into%20a%20written%20document.
https://www.rev.com/blog/transcription-blog/legal-transcription-vs-dictation
https://www.google.com/url?sa=i&url=https%3A%2F%2Fwww.lingualinx.com%2Fblog%2Flegal-document-
translation-
requirements&psig=AOvVaw1ZyfBV5U05RUVMzbcrfHX8&ust=1682335166309000&source=images&cd=vfe&ved=0
CBMQjhxqFwoTCMjDjILxv_4CFQAAAAAdAAAAABAJ
https://library.law.yale.edu/research-guides/docket-research
https://www.scribd.com/doc/150481447/Sample-Subpoena-for-Respondent
https://www.dochub.com/fillable-form/14108-form-answers-to-interrogatories
https://www.scribd.com/document/69061346/NOTICE-of-Appeal
https://pribanic.com/legal-glossary/appeal-legal-definition/
https://www.google.com/url?sa=i&url=https%3A%2F%2Fwww.studocu.com%2Fph%2Fdocument%2Funiversity-of-
cagayan-valley%2Fjuris-doctor%2Fsample-of-reply-to-a-
complaint%2F17614680&psig=AOvVaw0g1ZZo6RCKR3gj6x8lrvJo&ust=1682338287404000&source=images&cd=vf
e&ved=0CBMQjhxqFwoTCJjIitL8v_4CFQAAAAAdAAAAABAE
https://www.scribd.com/document/440018101/Civil-Complaint-Sample
https://www.law.cornell.edu/wex/instrument#:~:text=An%20instrument%20is%20a%20written,are%20examples%
20of%20legal%20instruments.
https://progressivelegal.com.au/what-are-legal-documents/
https://enable.com/blog/agreements-vs-contracts-what-are-the-differences
https://ironcladapp.com/journal/contracts/agreement-vs-
contract/#:~:text=%E2%80%8CA%20contract%20is%20an,if%20it%20contains%20certain%20requirements.
https://www.investopedia.com/terms/d/deed.asp
https://www.findlaw.com/hirealawyer/choosing-the-right-lawyer/patents.html
https://www.alburolaw.com/what-are-patents/
https://www.investopedia.com/articles/pf/08/what-is-a-
will.asp#:~:text=A%20will%20is%20a%20legal,may%20not%20be%20carried%20out.
https://filipinolawyer.ca/last-will-and-testament/
https://www.policygenius.com/wills/types-of-wills/
https://www.policygenius.com/wills/what-is-a-joint-will/
https://www.investopedia.com/terms/m/mortgage.asp
https://blog.bit.ai/business-documents/
https://www.investopedia.com/terms/a/articlesofincorporation.asp
https://corporatefinanceinstitute.com/resources/equities/articles-of-incorporation/
https://www.businessnewsdaily.com/15756-business-partnership-agreement-writing-guide.html
https://www.contractscounsel.com/t/us/partnership-agreement
https://trustandwill.com/learn/what-is-a-legal-trust
https://www.investopedia.com/terms/t/trust.asp
https://corporatefinanceinstitute.com/resources/wealth-management/power-of-attorney/?
https://www.investopedia.com/terms/p/powerofattorney.asp#:~:text=A%20power%20of%20attorney%20is,the%20
POA%20is%20the%20principal.
OALT 40013
LEGAL OFFICE PROCEDURES

SUBMITTED TO: PROF. JULIUS SABANDO

Chapter 4 Final

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Chapter 4 Final

Uploaded by

Copyright:

Available Formats

Chapter 4

BY: GROUP 4| BSOA 3-3N

Anthony Kier C. Mascariola

08 Dictation & Encoding

12 Types of Legal Documents

19 Types of Legal Documents

Legal Instruments and Documents

LEGAL OFFICE PROCEDURES Chapter 4 | Group 4

Prepare and Process Legal Instruments and Documents

What are the Legal Documents?

Legal Instruments and Documents

LEGAL OFFICE PROCEDURES Chapter 4 | Group 4

HOW TO PREPARE LEGAL DOCUMENTS?

As each transaction is unique,

Contracts that do not comply with

Legal Instruments and Documents

LEGAL OFFICE PROCEDURES Chapter 4 | Group 4

HOW TO PREPARE LEGAL DOCUMENTS?

Once you've gathered all of

Legal Instruments and Documents

LEGAL OFFICE PROCEDURES Chapter 4 | Group 4

The Significance of Ink Colors in Legal Paper

Legal Instruments and Documents

LEGAL OFFICE PROCEDURES Chapter 4 | Group 4

Legal Instruments and Documents

LEGAL OFFICE PROCEDURES Chapter 4 | Group 4

Who Prepares Legal Documents ?

Anyone may need to prepare legal documents for

If you want to draft legally sound contracts, always

Legal Instruments and Documents

LEGAL OFFICE PROCEDURES Chapter 4 | Group 4

A certified legal document preparer should

CLDPs must make it clear to customers that they

For Example, In a family court matter like a

When you Need to be Prepared?

Dictation and Encoding in Legal Office

LEGAL OFFICE PROCEDURES Chapter 4 | Group 4

-The action saying words aloud to be typed, written down, or recorded

Dictation and Encoding in Legal Office

LEGAL OFFICE PROCEDURES Chapter 4 | Group 4

-Encoding is the process of putting sequence of

Encoding involves the use of a code to change original data

It is the process of converting data in a format required for a

How dictation and encoding use in legal offices?

Dictation and Encoding in Legal Office

LEGAL OFFICE PROCEDURES Chapter 4 | Group 4

Difference of dictation and encoding

Dictation is generally faster, since it is simply a recording of whatever is said to an individual or

Benefits of dictation and encoding

Saves Time Precise and Clear

Language Skills Accurate

Easy to use Ease of sharing

Dictation and Encoding in Legal Office

LEGAL OFFICE PROCEDURES Chapter 4 | Group 4

Benefits of dictation and encoding

Precise and clear

Types of Legal Documents

LEGAL OFFICE PROCEDURES Chapter 4 | Group 4

What are Legal Documents?

-Any document that contains information on legal issues is

Types of Legal Documents

LEGAL OFFICE PROCEDURES Chapter 4 | Group 4

It could be defined as: