FACTOID # 167: Like living in cities? Guadeloupe, Nauru, Monaco, Singapore, Gibraltar and Bermuda are only nations that are 100% urbanised.
 
 Home   Encyclopedia   Statistics   Countries A-Z   Flags   Maps   Education   Forum   FAQ   About 
 
 
 
WHAT'S NEW
RECENT ARTICLES
More Recent Articles »
 

SEARCH ALL

FACTS & STATISTICS    Advanced view

Search encyclopedia, statistics and forums:

 

 

(* = Graphable)

 

 


Encyclopedia > Constructive notice

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. In the common law, legal fictions, are suppositions of fact taken to be true by the courts of law, but which are not necessarily true. ... Law (a loanword from Danish- Norwegian lov), in politics and jurisprudence, is a set of rules or norms of conduct which mandate, proscribe or permit specified relationships among people and organizations, provide methods for ensuring the impartial treatment of such people, and provide punishments for those who do not follow... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Civil law has at least three meanings. ...


For example, one benefit of registering a trademark with the federal government of the United States is that the registration gives nationwide constructive notice that the trademark is owned by the registrant. Therefore, if another entity uses the mark, they will be treated as though they knew their use of it was an infringement, even if they had no actual knowledge of the registration, or the registrant's use of the mark. The Bass Red Triangle, was the first trademark registered in Britain in 1876. ... The U.S. Constitution, adopted in 1789 by a constitutional convention, sets down the basic framework of American government in its seven articles. ... An infraction (minor offense, minor violation, petty offense) is a petty crime, considered to be less serious than a misdemeanor. ...


Another common example of constructive notice is found in the law of civil procedure. Where a plaintiff files a lawsuit, but is unable to effect service of process on the defendant because the defendant is in hiding, or their whereabouts are unknown, most states permit the plaintiff to give constructive notice by either posting an announcement of the suit on property known to be owned by the defendant, or by publishing the notice in a local newspaper. Even if the defendant never sees the notice (or, at least, if it can not be proven that the defendant saw it), the court will go forward with the case as though the defendant was fully aware of the proceedings. In such a case, however, the defendant can later challenge the jurisdiction of the court to hear the case, at which time the plaintiff usually has to prove that he tried to effect service of process by other means, and was unable to do so. Civil procedure is the written set of rules that sets out the process that courts will follow when hearing cases of a civil nature (a civil action). These rules explain how a lawsuit must be commenced, what kind of service of process is required, the types of pleadings, motions, and... The plaintiff, claimant, or complainant is the party initiating a lawsuit, (also known as an action). ... A lawsuit is a civil action brought before a court in order to recover a right, obtain damages for an injury, obtain an injunction to prevent an injury, or obtain a declaratory judgment to prevent future legal disputes. ... Service of process is the term given to a court or administrative bodys exercise of its jurisdiction over individuals who are the subject of proceedings or actions bought before such court, body or other tribunal. ... In Common law, a defendant is any person who is required to answer the complaint of a plaintiff in a civil suit or any person who has been named in a criminal information or criminal complaint and stands accused of violating a criminal statute. ... Use of the term The concept of property or ownership has no single or universally accepted definition. ... This article is about courts of law. ... The term jurisdiction has more than one sense. ...


Various forms of constructive notice have been challenged in the United States Supreme Court as violating due process. However, the Court has generally upheld such practices. The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... Due process of law is a legal concept that ensures the government will respect all of a persons legal rights instead of just some or most of those legal rights, when the government deprives a person of life, liberty, or property. ...


  Results from FactBites:
 
Notice - LoveToKnow 1911 (422 words)
Thus in England the courts take judicial notice of the existence of states and sovereigns recognized by the sovereign of England, of the dates of the calendar, the date and place of the sittings of the legislature, andc.
by advertisement or otherwise; notice given by one party in an action to the other, at a trial, to produce certain documents in his possession or power; notice to treat, given under the Land Clauses Acts by public bodies having compulsory powers of purchasing land as a preliminary step to putting their powers in force.
notice to a solicitor is usually constructive notice to the client.
notice: Definition, Synonyms and Much More from Answers.com (2279 words)
Notice to a Defendant of a lawsuit that has been instituted against him or of an Action in which he may have an interest to defend is accomplished by service of process on him.
For example, a notice to quit is a written notification given either by the tenant to the landlord, or vice versa, indicating that either the tenant intends to surrender possession of the premises on a certain day or that the landlord intends to regain possession of the premises on a certain day.
Judicial notice is a doctrine of evidence that allows a court to recognize and accept the existence of a commonly known fact without the need to establish its existence by the admission of evidence.
  More results at FactBites »


 
 

COMMENTARY     


Share your thoughts, questions and commentary here
Your name
Your comments

Want to know more?
Search encyclopedia, statistics and forums:

 


Lesson Plans | Student Area | Student FAQ | Reviews | Press Releases |  Feeds | Contact
The Wikipedia article included on this page is licensed under the GFDL.
Images may be subject to relevant owners' copyright.
All other elements are (c) copyright NationMaster.com 2003-5. All Rights Reserved.
Usage implies agreement with terms, 1022, m