Legal Definitions - fair on its face

The legal term "fair on its face" describes a document that, upon initial inspection, appears to be entirely valid, complete, and legally sound. This means that any potential flaw, defect, or irregularity within the document would not be obvious from simply reading or examining the document itself. Instead, external information, evidence, or further investigation would be required to prove that the document is actually invalid, incorrect, or fraudulent.

• Scenario: A signed employment contract.

  An employment contract is presented to a new hire. It contains all standard clauses, specifies salary and benefits, and has spaces for both the employer's and employee's signatures. Once both parties sign, the document appears to be a complete and legally binding agreement.

  This contract is "fair on its face" because, by simply looking at it, all the necessary elements for a valid agreement seem to be present. However, if the employee later claims they were forced to sign under duress (e.g., threats of losing their visa status), that coercion is not visible on the document itself. External evidence, such as witness testimony or communications, would be needed to prove the contract was not truly entered into voluntarily.

• Scenario: A property deed recorded in public records.

  A deed transferring ownership of a house from one person to another is filed with the county recorder's office. It includes the property description, names of the grantor and grantee, and appears to have the necessary signatures and notarization, all in the correct format for the jurisdiction.

  The deed is "fair on its face" because it looks like a legitimate transfer of property ownership according to all visible legal requirements. However, if the signature of the original owner was actually forged, or if the notary public's commission had secretly expired, these defects would not be apparent from the deed itself as it sits in the public record. You would need to conduct an investigation, such as comparing signatures or checking notary records, to uncover the fraud or error.

• Scenario: A search warrant issued by a judge.

  A police officer presents a search warrant to a homeowner, authorizing the search of their property. The warrant is signed by a judge, specifies the location to be searched, and lists the items to be seized, all appearing to be in proper legal form.

  The search warrant is "fair on its face" because it outwardly appears to be a legitimate order from a court. However, if the police officer had provided false information to the judge to obtain the warrant, or if the judge lacked the proper jurisdiction to issue it, these underlying issues are not evident from the warrant document itself. To challenge the warrant's validity, the homeowner's attorney would need to present external evidence to the court, such as testimony about the false information or legal arguments about the judge's authority.