Duplicate Meaning in Legal
Does it matter? For future publications, we will look at the processes that created these legal records, why the differences are important, and the characteristics by which we can identify the type of dataset we use. Double everything. 2. It is usually applied to agreements, letters, receipts and the like if two originals are made by one of them. Each copy has the same effect. The term duplicate refers to a document that is essentially identical to another instrument. 7 men. & Gr. 93.
In English law, it is also the discharge certificate issued to an insolvent debtor who uses the law to relieve insolvent debtors. 3. Double writing has only one effect. Each duplicate is complete proof of the intention of the parties. If a duplicate is destroyed, for example in a will, this is assumed. both must be destroyed; however, this presumption has more or less force due to the circumstances. If only one of the duplicates is in the possession of the testator, the destruction of the testator is a strong presumption of intent to revoke both; but if he has possessed both and destroyed only one, he is weaker; If he modifies one, then destroys it and keeps the other completely, it has been determined that the intention is to revoke both. 1 p. Wms.
346; 13 Ves. 310 but this seems doubtful. 3 Hagg. Eccl. R. 548. However, Federal Rule 1003 also requires the moderator of a duplicate to explain why the original is not submitted. Attentive historical researchers also make this distinction. To do this, we need to understand the processes used to create and manage records. Many of the documents held in U.S.
courthouses — documents that historians and some other fields generally refer to as “primary” sources — are duplicate originals or copies of documents rather than true originals. What happened to these cases after they were subjected to legal processing? Federal Rule 1002 (4) defines a duplicate original as “consideration produced by the same printing as the original or by the same matrix or by photography, including magnifications and miniatures, or by mechanical or electrical re-recording, or by chemical reproduction or other equivalent techniques that faithfully reproduce the original”. Search the dictionary for legal abbreviations and acronyms for acronyms and/or legal abbreviations that contain duplicates. If two written documents are essentially the same, so that each can be a copy or a copy of the other, while both are on the same basis as the original instruments, they are called “duplicates”. Agreements, deeds and other documents are often signed in duplicate, so each party can have an original in their possession. State vs. Graffam. 74 Wis. 643, 43 N. W. 727; Grant v Griffith, 39 App.
Div.107, 56 N. Y. Supp. 701; Trust Co. v. Codington County, 9 P.D. 159, 68 N.W. 314; Nelson v. Blakey, 54 Ind. 36.A duplicate is sometimes defined as the “copy” of a thing; But although it is usually a copy, a duplicate differs from a simple copy in that it has the full validity of an original. It seems that it is not necessarily an exact copy either. Also defined as the “counterparty” of an instrument; However, contracts distinguish between counterparties performed by several parties, with each party sealing a single counterparty and duplicating the originals.
each executed by all parties. Toms vs. Cuming, 7 man. & G. 91, Note. The old contracts, charters or chiropographs seem to have had the character of duplicates. Burrill.The term is also often used to refer to a new original that is intended to take the place of an instrument that has been lost or destroyed, and that has the same power and effect. Benton v Martin, 40 N.Y.
347.In English law. The clearance certificate, which is issued to an insolvent debtor who takes advantage of the law to relieve insolvent debtors. The note that a pawnshop gives to the pawnshop of a property. But. And that`s a big problem, though: these documents that were presented to the courts weren`t necessarily “originals.” Many were “duplicate originals”, corresponding to copies made more or less at the same time. Many landlords who did not want to risk losing an act or will were willing to pay their lawyers (or local notaries or justices of the peace) to make duplicates or reproductions. AS QUOTED: Elizabeth Shown Mills, “Understanding Courthouse Records: Originals vs. Duplicate Originals,” blog post, QuickTips: The Blog @ Evidence Explained (www.evidenceexplained/quicktips/understanding-courthouse-records-originals-vs-duplicate-originals: January 24, 2019).
In everyday practice, this definition includes digital images and microfilm commonly used by historical researchers. Under Federal Rule 1003, a duplicate would be allowed in most cases in the same way as the original. This generally applies for our own research purposes. You might be interested in the historical meaning of this term. In the Encyclopedia of Law, search for Duplicate in Historical Law. Look for duplicates in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law, or the Latin American and Spanish Encyclopedia of Law. (Eventually, all of this starts to settle down for me, and I see the connections – years ago, I thought one copy was as good as another. Either way, the key for me is to slow down and think about it all while I search and analyze.) It all comes back to these timeless questions – why and for what purpose(s) was the record created in the first place? Could there be another specimen elsewhere? And if so, where? In the past, lawyers have presented to the court documents crucial to the present case – contracts, declarations, petitions, estate inventories, etc.
The first Americans who acquired or bequeathed property (as well as witnesses to these documents) also brought deeds and wills to court to recognize their own personal actions or to confirm the validity of a signature they had seen. Sometimes we find simple references to this in court records (the records where clerks took brief notes about what happened that day while the court was sitting), but we don`t find the documents themselves. In more modern times, lawyers or individuals have submitted these property records directly to clerks for registration. Cathmary, you have just summed up the two most important words in the life of every researcher: Slow down! This definition of duplicate is based on The Cyclopedic Law Dictionary. This entry must be reread. If you had the choice between a “free” document or a saved document, which one would you choose? If I had a choice and both versions were available, I would like to see the “free” document and the bound document. The “free” documentary might be more “original,” but perhaps not either, as it could have been one of the many copies the document holder had. Discrepancies between versions should of course be taken into account.
