Describe the federal E-SIGN Act. What are some of the documents that it does or does not apply to? How has it affected online contracting?
What will be an ideal response?
In 2000, Congress enacted the Electronic Signatures in Global and National Commerce Act(E-SIGN Act) to provide that no contract, record, or signature may be "denied legal effect" solely because it is in an electronic form. In other words, under this law, an electronic signature is as valid as a signature on paper, and an electronic document can be as enforceable as a paper one. For an electronic signature to be enforceable, the contracting parties must have agreed to use electronic signatures. For an electronic document to be valid, it must be in a form that can be retained and accurately reproduced.The E-SIGN Act does not apply to all types of documents. Contracts and documents that are exempt include court papers, divorce decrees, evictions, foreclosures, health-insurance terminations, prenuptial agreements, and wills. Also, only certain agreements governed by the Uniform Commercial Code fall under this law.The E-SIGN Act has significantly expanded the possibilities for contracting online. From a remote location, a person can now open an account with a financial institution, obtain a mortgage or other loan, buy insurance, retain an attorney, and purchase real estate over the Internet. Payments and transfers of funds can be done entirely online. By using e-contracts, a person can thus avoid the time and costs associated with producing, delivering, signing, and returning paper documents.
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When representing the defendant spouse, at the intake stage, the paralegal would probably not:
a. Ask the client to bring any papers served on him/her. b. Ask the client to bring in any correspondence received regarding the divorce. c. Review the service for any indication that it was improperly made on the defendant. d. Tell the defendant how large a check to bring.
A fact may be:
A. A thing B. An action C. An event D. A circumstance E. All of the above F. Answers a, b, and c above G. Answers b, c, and d above
If a spouse does not appear before the court after being served, the petitioner:
A. Can be granted a default divorce. B. Can do nothing until the defendant spouse appears. C. Has to have the defendant served again. D. Must stay married.