Amendment
An amendment is a formal change or addition made to a legal document, contract, or constitution, and it typically requires written documentation and signatures from the involved parties to be enforceable. In legal contexts, amendment clauses specify the conditions under which changes to the original agreement can be made. For instance, constitutional amendments, such as the well-known First Amendment of the United States Constitution, often require public approval through referendums. Amendments can serve various purposes, including adding new clauses, modifying existing ones, or removing outdated information. The language used in amendments is critical; it must be precise and often drafted by legal professionals to avoid ambiguities. Additionally, the rise of digital communication has raised questions about whether such methods can constitute binding amendments. The First Amendment, ratified in 1791, guarantees essential freedoms such as speech and religion, and is part of the larger framework known as the Bill of Rights. Overall, understanding amendments is crucial for navigating legal agreements and constitutional laws effectively.
Amendment
Amendment refers to a change in an agreement within a contract, act of law, or legal document. In legal terminology, an amendment clause indicates conditions applicable to changes of the original agreement. Amendment may also refer to a constitution, when a change or changes are stipulated and become legally binding. The First Amendment of the United States Constitution is one of the most famous constitutional amendments. Other words for amendment include change, modification, or supplement. An amendment needs to be placed in a written document and signed by the relevant parties. For constitutional amendments, citizens’ votes may be required by means of a referendum and approved by the government.
Overview
Amendment. In order for an amendment to be enforceable by law, it must be in writing. Legal complexities may occur with regard to the validity of an oral modification. Because of the proliferation of instant messaging and Internet communication, these types of communications may constitute a legally binding amendment. A stray communication refers to technological messaging systems, such as IM (instant messaging).
Language. Given the legal context and ramifications of an amendment to a clause, contract, legal document, or constitutional law, the language employed is very specific. A contract or legal document stating the amendment requires the writing to be done by a lawyer or legal expert, or to be checked accordingly. An example of wording to prevent amendments being made indiscriminately would be something that maintains that the agreement may be amended only in writing in a document signed by the parties. An amendment to a contract may include an opening statement that the amendment is made between the named parties, who are party to the agreement, and signed and dated accordingly. Whether the amendment comprises a complete change to an entire clause, or part of a clause, will determine the language and methods of instituting these corrections. An amendment may involve adding pertinent information or a new clause, a removal or rescinding of an old clause, or the updating of information. Where an amendment has been made, it may be necessary to insert a paragraph in conclusion guaranteeing that the contract remains as written, apart from the amendment made. Given the number of drafts or amendments that often occur with contracts, the practice of numbering the amendments is usually put into effect. This may read as "First Amendment" or "Amendment 1" (or relevant number).
First Amendment of the US Constitution. The First Amendment of the United States Constitution mandates freedom of religion, speech, press, assembly, and petition. The First Amendment is one of ten amendments to the Constitution that collectively form the Bill of Rights. This amendment was passed by the US Congress on September 25, 1789, and ratified on December 15, 1791. The amendment prohibits an establishment of religion or curtailing the free exercise of religion. The Second Amendment specifies a well-regulated militia, the Third contains information pertaining to soldiers, with each following amendment outlining laws relating to the people, civil rights, and the delegating of powers.
Bibliography
"Amendment." ContractStandards. KMStandards LLC, 23 May 2016. Web. 4 June 2016.
"Amendment 1." ConstitutionCenter.org. National Constitution Center, n.d. Web. 4 June 2016.
"Establishment Clause, Religion Research." First Amendment Center. First Amendment Center, 16 Sept. 2011. Web. 4 June 2016.
"First Amendment - U.S. Constitution." FindLaw. Thomas Reuters, 2016. Web. 4 June 2016.
Foster, Howard. "What Conservatives Get Wrong about Birthright Citizenship and the Constitution." National Review. National Review, 21 Aug. 2015. Web. 4 June 2016.
"Know Your Rights: The United States Bill of Rights – First 10 Amendments to the Constitution." American Civil Liberties Union. American Civil Liberties Union and the ACLU Foundation, 2016. Web. 5 June 2016.
Stim, Rich. "Sample Amendment to Contract." NOLO. Nolo, 2016. Web. 4 June 2016.
Toedt III, D.C. "Amendment Clauses in Contracts." On Contracts.com. On Contracts, 3 Sept. 2009. Web. 4 June 2016.
Volokh, Eugene. "The Commonplace Second Amendment." UCLA Law School, 1998. Web. 4 June 2016.