Legal Definitions - manner and form

The legal term "manner and form" refers to the specific procedural steps and structural requirements that must be followed for an action or document to be legally valid or effective. It emphasizes that not only what is done, but also how it is done and what it looks like are critical for legal recognition and enforceability.

Here are some examples to illustrate this concept:

• Last Will and Testament:

  For a will to be legally binding and ensure a person's wishes for their property are carried out after their death, it must adhere to specific "manner and form" requirements. The manner typically dictates that the person making the will (the testator) must sign it, usually in the presence of a specified number of witnesses (e.g., two), who also sign the document. The form requires the will itself to be a written document, not merely an oral declaration.

  Illustration: If someone simply records a video stating their wishes for their property, or writes a will but fails to have it properly witnessed as required by law, it might not be considered a valid will. This is because it did not meet the prescribed manner (witnessing) and form (written document, properly executed) for legal recognition, potentially leading to their estate being distributed according to default laws rather than their stated desires.

• Real Estate Purchase Agreement:

  Contracts for the sale of land often have strict "manner and form" requirements to be legally enforceable. The manner usually requires the agreement to be signed by all parties involved in the transaction, and sometimes notarized. The form dictates that it must be a written document that clearly identifies the property, the purchase price, and other essential terms of the sale.

  Illustration: An oral agreement between two individuals to buy and sell a house, even if they shake hands on it and verbally agree on all terms, is generally not legally enforceable. This is because real estate contracts typically require a specific form (a written document) and manner (signatures of all parties) to prevent fraud, ensure clarity, and create a verifiable record of the agreement.

• Submitting an Appeal to a Court:

  When a party wishes to challenge a lower court's decision by appealing to a higher court, strict "manner and form" rules govern the process. The manner requires an appeal to be filed within a specific timeframe (e.g., 30 days from the judgment), often with a particular court clerk, and sometimes requires a filing fee. The form dictates that the appeal document itself must follow a prescribed format, including specific headings, case citations, and legal arguments presented in a particular structure.

  Illustration: If a party simply sends an informal email to an appellate judge expressing disagreement with a lower court's ruling, or files a formal appeal document after the legally mandated deadline has passed, the appeal would likely be dismissed. It failed to meet the required manner (timeliness, proper filing procedure) and form (structured legal document) for a valid appeal, preventing the higher court from considering the merits of the case.