Notice
Encyclopedia
Notice is the legal concept in which a party
is made aware of a legal process
affecting their rights, obligations or duties. There are several types of notice: public notice
(or legal notice), actual notice
, constructive notice
, and implied notice.
, notice is the fundamental principle in service of process
. In this case, the service of process puts the defendant
"on notice" of the allegation
s contained within a criminal defendant to be notified of the charges and their grounds.
If a court bases personal jurisdiction
over an out-of-state or foreign defendant on a long-arm statute, the court must carefully select a means of notifying the defendant to comply with the notice requirement of due process. Sometimes this is done by serving agents of the defendant located within the state. Because out-of-state defendants can't always be located easily, some state or local laws may allow for selication. An example of this would be printing a notice of the lawsuit in a newspaper published where the defendant is believed to reside. Because the failure of a defendant to appear in court results in a default judgment
against him, such measures must be sufficiently calculated to give actual notice to the defendant to satisfy due process.
In the core case setting forth constitutional notice requirements, the U.S. Supreme Court held that notice must be "reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections." Moreover, defendants must be notified by the "best practical means" available.
Party (law)
A party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law. Parties include: plaintiff , defendant , petitioner , respondent , cross-complainant A party is a person or group of persons that compose a single entity which can be...
is made aware of a legal process
Legal process
Legal process , are the proceedings in any civil lawsuit or criminal prosecution and, particularly, describes the formal notice or writ used by a court to exercise jurisdiction over a person or property...
affecting their rights, obligations or duties. There are several types of notice: public notice
Public notice
Public notice is a notice given to the public regarding certain types of legal proceedings.-By government:Public notices are issued by a government agency or legislative body in certain rulemaking or lawmaking proceeding....
(or legal notice), actual notice
Actual notice
Actual notice is a law term, used most frequently in civil procedure. It is notice delivered in such a way as to give legally sufficient assurance that actual knowledge of the matter has been conveyed to the recipient...
, constructive notice
Constructive notice
Constructive notice also known as the Doctrine of Constructive Notice is a legal fiction used in the law of both common law and civil law systems to signify that a person or entity is legally presumed to have knowledge of something, even if they have no actual knowledge of it.-Intellectual...
, and implied notice.
Service of process
At common lawCommon law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, notice is the fundamental principle in service of process
Service of process
Service of process is the procedure employed to give legal notice to a person of a court or administrative body's exercise of its jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body or other tribunal...
. In this case, the service of process puts the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
"on notice" of the allegation
Allegation
An allegation is a claim of a fact by a party in a pleading, which the party claims to be able to prove. Allegations remain assertions without proof, until they can be proved....
s contained within a criminal defendant to be notified of the charges and their grounds.
If a court bases personal jurisdiction
Personal jurisdiction (United States)
Personal jurisdiction, in the law of civil procedure in the United States, refers to a court's jurisdiction over the parties to a law suit, as opposed to subject matter jurisdiction...
over an out-of-state or foreign defendant on a long-arm statute, the court must carefully select a means of notifying the defendant to comply with the notice requirement of due process. Sometimes this is done by serving agents of the defendant located within the state. Because out-of-state defendants can't always be located easily, some state or local laws may allow for selication. An example of this would be printing a notice of the lawsuit in a newspaper published where the defendant is believed to reside. Because the failure of a defendant to appear in court results in a default judgment
Default (law)
In law, a default is the failure to do something required by law or to appearat a required time in legal proceedings.In the United States, for example, when a party has failed to file meaningful response to pleadings within...
against him, such measures must be sufficiently calculated to give actual notice to the defendant to satisfy due process.
In the core case setting forth constitutional notice requirements, the U.S. Supreme Court held that notice must be "reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections." Moreover, defendants must be notified by the "best practical means" available.
Notice and knowledge
Many statutes include that the accused knowingly have acted in violation. When a party is "put on notice" that they are in violation, continued action in violation may be sufficient to evidence knowledge.See also
- Public noticePublic noticePublic notice is a notice given to the public regarding certain types of legal proceedings.-By government:Public notices are issued by a government agency or legislative body in certain rulemaking or lawmaking proceeding....
- Actual noticeActual noticeActual notice is a law term, used most frequently in civil procedure. It is notice delivered in such a way as to give legally sufficient assurance that actual knowledge of the matter has been conveyed to the recipient...
- Constructive noticeConstructive noticeConstructive notice also known as the Doctrine of Constructive Notice is a legal fiction used in the law of both common law and civil law systems to signify that a person or entity is legally presumed to have knowledge of something, even if they have no actual knowledge of it.-Intellectual...
- Funding Opportunity AnnouncementFunding Opportunity AnnouncementA funding opportunity announcement is a notice in Grants.gov of a federal grant funding opportunity.Funding opportunity announcements can be found at Grants.gov/FIND and this website lets organizations apply for grants for over 1,000 grant programs from 26 federal agencies.Each FOA includes...
- Judicial noticeJudicial noticeJudicial notice is a rule in the law of evidence that allows a fact to be introduced into evidence if the truth of that fact is so notorious or well known that it cannot be refuted. This is done upon the request of the party seeking to have the fact at issue determined by the court...
- Resign
- Notice of Proposed Rulemaking (administrative law)
- Previous noticePrevious noticePrevious notice, in parliamentary procedure, is an announcement that a motion will be introduced at a future meeting of a deliberative assembly....
(parliamentary procedure)