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Simple English definitions for legal terms
non est factum
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A quick definition of non est factum:
Non est factum: A Latin term that means "it is not his deed." It is used in legal cases to deny the execution of a document that is being sued on. In simpler terms, it is a way for someone to say that they did not sign or agree to a document that is being presented as their own. There are different types of non est factum, including a general denial, a specific denial with reasons given, and a sworn denial that questions the validity of the document and the signature.
A more thorough explanation:
Definition: Non est factum is a Latin term that means "it is not his deed." It is a legal defense used to deny the execution of a document that is being sued on.
Examples:
- General non est factum: This is a broad denial that an instrument was executed or executed properly. For example, a defendant may use this defense to deny that they signed a contract.
- Particular non est factum: This is a more specific denial that an instrument's execution is invalid or nonbinding. For example, a defendant may use this defense to argue that they were forced to sign a contract under duress.
- Verified non est factum: This is a sworn denial that not only questions the validity of the signature but also the validity of the entire document. For example, a defendant may use this defense to argue that they never signed a document and that the signature is a forgery.
These examples illustrate how non est factum can be used as a defense in different situations. It is a way for a defendant to deny that they executed a document and to challenge its validity.