CLASSIFICATION OF DOCUMENTS AND PROOF OF PUBLIC DOCUMENTS

This paper describes scientific research developed in the scope of Information Science, and uses qualitative methods to address the issue of identifying what would grant a document its own legal characterization. The research methodology employs qualitative methods which are organized in two main stages, namely, bibliographical research and documentary research. As a result, a general manner to characterize legal documents was found based on six categories, which include the typology of documents encompassed in the research. It was concluded that legal documents are instruments able to regulate social aspects of life, establish rules of behavior in society, discipline the actions of public administration, resolve legal issues, develop business between people and companies, record natural and social facts of legal relevance and, additionally, record, accumulate, share and preserve theoretical legal knowledge.

Canadian Journal of Law and Technology, 2007

he new electronic record provisions that are now part of almost all of the Evidence Acts in Canada are as important as any statutory law or common law concerning the use of records as evidence. They bring six T important improvements to the evidentiary law of business records. It is argued, however, that their most serious defects are that they: (1) perpetuate the best evidence rulea rule rendered redundant by electronic records and information management (RIM); (2) do not deal with hearsay issues; (3) do not cure the defects of the business record provisions in regard to electronic records; and (4) unnecessarily complicate the law. But these defects can be substantially lessened by judicial interpretation that accomplishes what the business records provisions should have accomplished. Although a topic left to a future article, this article should be read with the assumption that the electronic record provisions are interdependent with: (1) the new electronic commerce laws; (2) the new personal privacy protection laws; (3) the new electronic discovery guidelines; (4) the new National Standards of Canada concerning electronic RIM ; and (5) the records requirements of government agencies such as the Canada Revenue Agency. This article is therefore a first step in justifying the emergence of the ''RIM lawyer'' as a new field of legal practice. electronic form can be judged by their own his-✄ REMOVE Username:

Internal Security, 2016

This article is devoted to criminal issues under Article 273 of the Criminal Code involving the use of a document attesting an untruth. The specific nature of this influenced the structure of the article. It is composed of an introduction, an exposition of four substantive areas and a summary. In the first section, which is of an introductory nature, the author analyses the construction of criminal law pertaining to documents and items of generic and individual legal protection. Attention is also drawn to the role of public confidence in documents and to the reliability of activities of state institutions and local government. Dogmatic considerations, which are an important element of this article, are supported by a comprehensive presentation of the opinions contained in the Polish literature. In the second section the criteria for a causative act of using a document are defined. In this case, beyond insights of a general nature, reference is made to jurisprudence opinion. The thir...

Bar Association Law Journal , 2021

A cardinal principle of admissibility of evidence under the Nigerian law of evidence is that for any evidence to be admissible, it has to be relevant to the fact (s) in issue or any other relevant fact. However, a document though relevant to a fact (s) in issue or other relevant fact (s) may be rendered inadmissible by various reasons one of which is where such a document is captioned expressly or by reasonable inference, " without prejudice. " This situation is so because where parties are contemplating, or have resorted to, litigation as a means of settling a dispute, they are not foreclosed to explore amicable settlement as Alternative Dispute Resolution (ADR) is a statutorily recognized dispute resolution mechanism in Nigeria. This paper examines generally the issue of admissibility of documents under the Nigerian law of evidence. It argues that, where a document is marked " without prejudice " the intention of the marker is to render it inadmissible. It further examines circumstances under which a document marked without prejudice though relevant will be inadmissible and when a document purportedly marked " without prejudice " will still be admissible. It compares the concept of " without prejudice " under the repealed Evidence Act and the new 2011 Evidence Act with the finding that, without prejudice is now a statutorily recognized exclusionary evidential provision in Nigerian Law of Evidence. The paper highlights circumstances under which without prejudice should not be used on a letter. The paper finds that, without prejudice cannot be used as a sham to blindfold the court from admitting a document. It is therefore recommended that the relevant section should be amended to read communication made during negotiation and not just documents marked without prejudice to statutorily capture documents not so marked which is what is in practice.

Electronic evidence is now admissible in Nigeria vide the Evidence Act 2011. Yet unresolved is the problem of authenticity of the electronic documentary evidence. Section 84 sets out the requirements for admissibility of certain types of computer-produced evidence. As part of the conditions of admissibility, the Act lays down minimum authentication requirements. However, the Act arguably only applies to evidence that would otherwise be excluded as hearsay and not to direct or real evidence. In such a case, the law contains no clear statements as to how that evidence should be authenticated. On hermeneutic and comparative approaches to English and Nigerian positions, the paper finds and argues that admissibility and authentication are separate issues, and that the failure to treat them independently gives rise to needless confusion. This failure also directs attention away from the urgent need for clear rules governing the authentication of computer evidence. It is therefore observed that the relevant provisions of the Act are due for review just on arrival. Without this review, a substantial obstacle to digital communication, data storage, e-commerce, diligent prosecution at the event of cybercriminality, for instance, shall have been inaugurated.

An Open Access Journal from The Law Brigade Publishers

Purpose This paper aimed at examining definition of document and record in the law of evidence in different jurisdictions. This is due to the fact that the meaning of document and record as regards to their uses in legal matters has remained contentious in different jurisdictions. The

Materials of the XII International Scientific-Practical Conference "Consolidation of the Legal System, as a Way for Strengthening the State Formation" (24.11.2022), p.p. 138-143