What Is Seal in Common Law?

An in-depth exploration of the concept of a seal in common law, its historical context, significance, and modern-day applications.

In common law, a seal traditionally refers to an impression made on wax or another substance capable of being impressed. The primary purpose of the seal is to attest to the execution of an instrument, such as a contract or deed. This legal concept carries significant historical weight and has seen transitions in its form and application over time.

Historical Context and Evolution

The use of seals dates back to ancient civilizations where they served as a means of authenticating documents. In medieval Europe, seals became common, particularly in England, where their use was a feature of the feudal system. A noble’s seal was an indication of their consent and authority. Over time, the presence of a seal became synonymous with the formal execution of legal documents.

Modern-Day Application of Seals

Nowadays, the actual use of physical seals has diminished considerably. However, the term persists in legal vernacular:

• L.S. (Locus Sigilli): This Latin term translates to “place of the seal” and can be found in legal documents to indicate where the seal should be affixed. It ensures that the document is recognized as duly executed.

• Conveying Authority and Consent: While the physical wax seal is rare, the concept of sealing remains relevant in legal procedures to signify validation and authority.

Types of Seals

Traditional Seals

Traditionally, seals could be made of wax, embossed with a specific design or insignia, and used to authenticate documents.

Modern Seals

In modern legal practice, seals are often represented by an ink stamp or an embossed mark, and the letters “L.S.” serve the same function as a seal.

Special Considerations

Legal Implications

A sealed document often affords certain legal presumptions. For instance, documents under seal (sealed instruments) may have a longer statute of limitations for bringing legal action compared to unsealed documents.

Requirements by Jurisdiction

The necessity and legal impact of a seal can vary significantly by jurisdiction. In some legal systems, the formal requirement of a seal has been abolished, while in others, it remains essential for the execution of certain documents.

Examples

• Contracts: In some jurisdictions, a contract under seal may have different enforceability characteristics.
• Deeds: Traditionally, deeds such as property transfers require sealing to be legally effective.

Related Terms

• Instrument: A formal legal document, such as a contract or deed.
• Notary Seal: An official seal used by a notary public to authenticate documents.

FAQs

Why is the seal significant in legal documents?

The seal historically signifies authenticity and consent, binding the parties to the terms of the document. Its presence can affect the statute of limitations and enforceability.

What does 'L.S.' stand for in a legal document?

“L.S.” stands for “Locus Sigilli,” which means “place of the seal” and indicates where a seal is to be affixed.

Are physical seals still used today?

While rare, physical seals are still used in certain legal contexts. However, their use has largely been replaced by ink stamps, embossed seals, or simply the notation of “L.S.”

Does every legal document require a seal?

No, not every legal document requires a seal. The necessity depends on the type of document and jurisdictional requirements.

References

1. Black’s Law Dictionary, 11th Edition.
2. Encyclopedic sources on common law traditions.
3. Jurisdiction-specific legal statutes.

Summary

The concept of a seal in common law serves as a testament to the execution and authenticity of legal instruments. While the physical form of sealing has evolved, the underlying principle remains significant in binding legal agreements and validating documents. The use of “L.S.” ensures that the notion of the seal continues to hold relevance in modern legal practice.