Legal Definitions - formal

Formal (adjective)

In a legal context, "formal" describes something that strictly adheres to established rules, procedures, or official requirements. It implies a structured approach, often involving specific documentation, steps, or methods that must be followed for an action or document to be legally valid or effective.

• Example 1: A Formal Contract

  Imagine two businesses agreeing to a significant merger. Instead of a simple verbal agreement, they draft a comprehensive written document detailing all terms, conditions, responsibilities, and dispute resolution mechanisms. This document is then signed by authorized representatives of both companies and often witnessed or notarized. This is a formal contract because it follows specific legal requirements for validity, such as being in writing, containing essential terms, and being properly executed, making it legally binding and enforceable.

• Example 2: A Formal Legal Complaint

  If an individual decides to sue another party, they cannot simply send an angry letter. They must file a formal complaint with the court. This document must be structured according to specific court rules, including identifying the parties, stating the legal basis for the claim, detailing the relevant facts, and specifying the relief requested. The complaint must also be served on the opposing party in a legally prescribed manner. This process is "formal" because it strictly follows the procedural rules set by the court to initiate a lawsuit.

• Example 3: Formal Notice of Eviction

  When a landlord needs to evict a tenant, they typically cannot just tell the tenant to leave. They must provide a formal notice of eviction. This notice usually needs to be in writing, delivered in a specific way (e.g., certified mail or personal service), and state the reason for eviction and the effective date, all in accordance with local landlord-tenant laws. This adherence to specific content and delivery methods makes it a "formal" notice, ensuring its legal validity and providing the tenant with proper legal warning.

Formality (noun)

A "formality" refers to a specific procedural step, requirement, or detail that, while it might seem minor or routine, is legally essential for an action, document, or transaction to be valid, effective, or enforceable. Failing to observe a formality can sometimes invalidate an otherwise sound legal undertaking.

• Example 1: Witness Signatures on a Will

  In many jurisdictions, for a will to be legally valid, it must be signed by the person making the will (the testator) in the presence of two or more witnesses, who then also sign the will in the testator's presence. The requirement for these witness signatures is a crucial formality. Even if the will clearly expresses the testator's wishes, if this specific signing procedure is not followed, the will might be deemed invalid by a court, and the estate could be distributed differently than intended.

• Example 2: Notarization of a Property Deed

  When transferring ownership of real estate, the deed (the document that conveys property) often needs to be notarized. This means a notary public must verify the identity of the person signing the deed and witness their signature. The notary's seal and signature are a formality. Without proper notarization, the deed might not be accepted for recording in public land records, which is essential for establishing clear legal ownership, even if both parties genuinely agreed to the transfer.

• Example 3: Filing Deadlines for Appeals

  If a party loses a court case and wishes to appeal the decision to a higher court, there is typically a strict deadline (e.g., 30 days) by which the notice of appeal must be filed. This deadline is a critical formality. Even if the party has strong legal arguments for their appeal, missing this filing deadline, even by a single day, will almost certainly result in the appeal being dismissed, regardless of its merits, because the procedural requirement was not met.