CHAPTER 6 Flashcards by Agatha Ofrecio

-It is the name of a person written by him/her in a document as a sign of acknowledgement or it is a name or a mark that a person puts at the end of a document to attest that he/she is its author or that he/she ratifies its contents.

SIGNATURE

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-Signed name, signing of name, distinctive characteristic

SIGNATURE

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Historically, many who could not write signed with a?

CROSS MARK

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-this authenticating mark still used today by ILLITERATES, and if properly witnessed, it can legally stand for a signature.

CROSS MARK

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are also referred to as cross marks because of the common practice of marking with an X.

BALLOT MARKS

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CROSS MARK -this authenticating mark still used today by ___________, and if properly witnessed, it can legally stand for a signature.

ILLITERATES

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-is made by a person in lieu of an actual signature.

X- MARK SIGNATURE

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-Due to illiteracy or disability, a person may be unable to append a full signature in name ta a document as an attestation that its content has been reviewed and approved.

X- MARK SIGNATURE

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-In order to be legally valid, the _________ signature must be witnessed.

X- MARK SIGNATURE

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Due to the obvious potential for fraud, doubts may arise about the validity and enforceability of documents signed with ____

X-mark signatures

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In some states, the presiding law can require courts to invalidate wills signed with an _____ unless the testator was physically or mentally incapable of signing their own full name.

X /X-MARK SIGNATURES

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The court may require ____ for an X-mark signature to be valid. An X-mark signature may need to be __________, too, for the document to be enforceable.

more than one witness
notarized

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_________ may be summoned to court to testify regarding the signing of the document by the testator in the case of a contested will.

Witnesses

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In the event of a legal claim against the document, the relationship of each witness to the person signing the document might be called into question.

X-MARK SIGNATURES

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For example, if the only witnesses to an ___________ are individuals who stand to benefit from a will being signed, concerns for fraud could be raised.

X-mark signature

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Is not simply a signature

EVIDENTIAL SIGNATURE

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it is a signature, signed at a particular time and place, under particular conditions, while the signer was at particular age, in a particular and mental condition, using particular implements, and with a particular reason and purpose for recording his name.

EVIDENTIAL SIGNATURE

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–signatures found in legal document or offered in a court as evidence

EVIDENTIAL SIGNATURE

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-a.k.a FORGE SIGNATURE

FRAUDULENT SIGNATURE

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-It involves the writing of a name as a signature by someone other than the person himself, without his permission, often with some degree of imitation.

FRAUDULENT SIGNATURE

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A fraudulent that was executed purely by simulation rather than by tracing the outline of a genuine signature.

FREEHAND SIGNATURE

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-a.k.a SIMULATED SIGNATURE OR FREEHAND SIGNATURE

FREEHAND SIGNATURE

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–this requires degree of skill

FREEHAND SIGNATURE

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A signature that is executed while the writer’s hand or arm is steadied in any way.

GUIDED SIGNATURE

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-Under the law of most jurisdictions such as a signature authenticates a legal document provided it is shown that the writer requested the assistance.

GUIDED SIGNATURE

are most commonly written during serious illness or on a deathbed.

GUIDED SIGNATURE

TYPES OF GUIDED SIGNATURE

1. INERT HAND 2. GUIDED-HAND 3. FORCED HAND 4. ASSISTED-HAND

- refers to completely involuntary;

INERT HAND

-incapability of motor activity and signatory may be conscious or even unconscious.

INERT HAND

--force is on the guider or coadjutant

INERT HAND

-One in which the person providing the portion of control.

GUIDED-HAND

-a.k.a PARTIAL INCAPACITATION

GUIDED-HAND

--force is in the guider and person he is guiding

GUIDED-HAND

-The signatory is forced to write against his will, by threats, constraints and the like.

FORCED HAND

- One in which the person assisting is CO-ADJUTANT that provides help to a lesser degree, perhaps only to the point of steadying a tremulous arm or hand without actually directing the movement of the writing instrument.

ASSISTED-HAND

--coadjutant may or may not hold the writing instrument

ASSISTED-HAND

- Synonymous with freehand forgery.

IMITATED SIGNATURE

- A genuine signature that has been used to prepare an imitated or traced forgery.

MODEL SIGNATURE

- The act of setting two or more signature in an inverted position to weigh their identifying significances, which reason being that those we fail to see under normal comparison may readily be seen under this theory.

THEORY OF COMPARISON

-The _________ in handwriting is based on the idea that no two skilled writers have the same handwriting features (PRINCIPLE OF INDIVIDUALITY OR UNIQUENESS), and that each person's writing has a natural range of variation.

THEORY OF COMPARISON

TYPES OF SIGNATURES

A. FORMAL/CONVENTIONAL/COPYBOOK FORM B. INFORMAL/CURSORY C. CARELESS SCRIBBLE

- complete correct signature for an important document such as will.

FORMAL/CONVENTIONAL/COPYBOOK FORM

- usually for routine documents and personal correspondence.

INFORMAL/CURSORY

--no legal value

AUTOGRAPH

--used for sale

AUTOGRAPH

--handwriting signature of artist or idols

AUTOGRAPH

-sign of acknowledgment of a person

SIGNATURE

TYPES OF INFORMAL SIGNATURE

1. PERSONALIZED 2. SEMI-PERSONALIZED

- for the mail carrier, delivery boy or the autograph collector.

CARELESS SCRIBBLE

- is the handwritten signature of a famous or notable person.

AUTOGRAPH

-It is sought after and valued for its connection to that individual.

AUTOGRAPH

can be found on items like manuscripts, photographs, books, posters, and other memorabilia.

AUTOGRAPH

-They are a form of personal validation and can hold sentimental value for fans and collectors.

AUTOGRAPH

-is strictly speaking, a legal term which involves not only a non-genuine document but also and intent to fraud.

FORGERY

-However, it is also used synonymously with fraudulent signature or spurious document.

FORGERY

CLASSES OF FORGED SIGNATURES

a. SIMULATED OR FREEHAND IMITATION FORGERY b. TRACED FORGERY/TRACED SIGNATURE C. SPURIOUS SIGNATURE/SIMPLE FORGERY d. FORGERY BY MEANS OF A STAMPED FACSIMILE OF A GENUINE OR MODEL e. FORGERY BY COMPUTER SCANNING

- executed purely by simulation rather by tracing the outline of a genuine signature can be referred as FREEHAND IMITATION OR SIMULATED FORGERY or it refers to the free-hand drawing in imitation of model signature.

SIMULATED OR FREEHAND IMITATION FORGERY

--no tracing equipment

SIMULATED OR FREEHAND IMITATION FORGERY

SIMULATED OR FREEHAND IMITATION FORGERY UNDER

1. SIMULATED WITH THE MODEL BEFORE THE FORGER 2. SIMULATED FREE HAND FORGERY TECHNIQUE

SIMULATED WITH THE MODEL BEFORE THE FORGER

A. DIRECT TECHNIQUE B. INDIRECT TECHNIQUE

- forger works directly with ink.

DIRECT TECHNIQUE

-no practice, directly on the writing instrument

DIRECT TECHNIQUE

- forger works first with the pencil and afterwards covers the pencil strokes with ink.

INDIRECT TECHNIQUE

- used by forgers who have a certain skill in writing.

SIMULATED FREE HAND FORGERY TECHNIQUE

-After some practice, the forger tries to write a copy of the model quickly.

SIMULATED FREE HAND FORGERY TECHNIQUE

TRACED FORGERY/TRACED SIGNATURE KINDS

1. DIRECT TRACING 2. INDIRECT TRACING

- tracing is made by transmitted light.

DIRECT TRACING

- forger uses a carbon paper and place documents on which he will trace the forges signature under the document bearing the model signature with a carbon paper between the two.

INDIRECT TRACING

THE TYPES OF TRACED SIGNATURE ARE:

1. CARBON PROCESS 2. INDENTATION PROCESS 3. TRANSMITTED LIGHT PROCESS

- Forger does not try to copy a model but writes something resembling what we ordinarily call a signature.

SPURIOUS SIGNATURE/SIMPLE FORGERY

-For this, he uses a false (spurious) name make a rapid stroke.

SPURIOUS SIGNATURE/SIMPLE FORGERY

-Disturbing his unusual writing by adopting a camouflage called

DISGUISE.

-Signatures created without the direct use of the human hand, such as those made with rubber stamps, writing machines, or auto-pens.

MECHANICAL SIGNATURES

--no model signature

SPURIOUS SIGNATURE/SIMPLE FORGERY

- A stamped image of a genuine signature or model.

STAMPED FACSIMILE

is a signature that is reproduced by a rubber stamp that replicates a handwritten signature.

STAMPED FACSIMILE

can also be created using digital tools.

STAMPED FACSIMILE

-can be legally authentic if the signature holder has authorized their use. -However, if used without authorization, they are considered forgeries.

MECHANICAL SIGNATURES

-A new generation of fraudulent alteration or counterfeiting emerged when computerized color laser copiers became available.

FORGERY BY COMPUTER SCANNING

-These copiers are capable of high-resolution copying, modification of documents, and even the creation of false documents without benefit of an original, and they produce documents whose quality is indistinguishable from that of authentic documents except by an expert

FORGERY BY COMPUTER SCANNING

-Signature forged by computers using

scanner and color printers, and graphics software