Also known as: facsimiles · fax · facsimile copy
Written by attorneys · grounded in primary & secondary sources — see below
An exact copy of an original document, signature, or seal produced by any process that accurately reproduces the original. The reproduction may be created by photographic, electronic, or other means and carries the same legal effect as the original when properly identified.
Ferrum Metals affixes its corporate seal to stock certificates by impressing a metal die. To speed processing for a large issuance, the corporate secretary instead applies a facsimile of the seal by rubber stamp on the remaining certificates. The stamped reproductions satisfy the statutory requirement for use of the seal or its facsimile.
Francesca Fiore, a university librarian, reproduces a deteriorating 1925 novel by scanning it and printing a facsimile edition on acid-free paper. The library makes the facsimile available for research because the original is no longer commercially exploited and no replacement is reasonably available.
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Floyd Franklin's company sends thousands of unsolicited emails to CompuServe subscribers. When ordered to stop, the company claims no adequate alternatives exist. The court notes that facsimile transmissions remain available as a conventional means of reaching the same recipients without burdening the email system.
Fumiko Fujimoto cites an 1828 dictionary in a brief on the Appointments Clause. The edition used is a modern facsimile reprint. The court accepts the facsimile as authoritative evidence of the word's meaning at the time of the founding.
Felicia Fuentes is prosecuted for mailing an advertising brochure. The government introduces a facsimile of the brochure's cover page showing explicit images. The facsimile is admitted because it accurately reproduces the original and the original itself is available for inspection.
Fabian Flynn books a cruise and later disputes the forum-selection clause printed on the ticket. Carnival Cruise Lines proves it sent the ticket by mail containing a facsimile of the clause. The court enforces the clause because the facsimile provided adequate notice of the terms.
A corporation may use a facsimile of its seal by any method that reproduces the original, including impressing, affixing, or stamping. The reproduction satisfies the statutory grant of power to have and use a corporate seal.
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Yes. When a business record is reproduced by any accurate process that creates a durable medium, the reproduction and any enlargement or facsimile of it are admissible as the original itself would be.
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Yes. Delivery of notice may be accomplished by any means reasonably calculated to afford actual notice, including electronic facsimile, provided the mortgage documents do not require a different method.
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…of duties are allotted to a particular person.” 1 N. Webster, American Dictionary of the English Language (1828) (def. 2) (1995 facsimile ed.). It is also consistent with the early practice of Congress, which in 1792 authorized the Postmaster General to appoint “an assistant, and deputy postmasters, at all places where such…