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LSDefine

Simple English definitions for legal terms

Notice

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A quick definition of Notice:

Notice: When someone wants to take legal action that could affect another person's rights, they must give that person notice. This means they have to let the person know that a lawsuit is happening and how it could affect them. The way notice is given depends on the type of case and who it affects. If it affects a specific person, they usually have to be given notice in person. If it affects a lot of people, notice can be given by publishing it in a newspaper. It's important to give proper notice so that everyone has a fair chance to defend themselves in court.

A more thorough explanation:

Definition: Notice is a legal requirement that ensures all parties involved in a case are informed that a lawsuit is pending and that it could affect their interests. The Due Process clauses of the United States Constitution prohibit courts from hearing a case that could adversely affect a party's interest unless that party has been given proper notice. The degree of required notice varies depending on what type of jurisdiction a court intends to exercise.

Example 1: In a case where a court intends to exercise in personam jurisdiction, in-hand service of process is usually required. This means that the party being sued must be personally served with a copy of the lawsuit. For example, if someone is suing their neighbor for property damage, they must personally serve their neighbor with a copy of the lawsuit.

Example 2: In a case where a court intends to exercise in rem jurisdiction, the plaintiff usually must inform all known parties of interest by a reasonably reliable means, and may then inform the rest of the world by "notice by publication" - purchasing a notice in a local newspaper multiple times over a period of several weeks. For example, if the government seizes and sells property for unpaid property taxes, they must inform all known parties with an interest in the property, such as the owner and any lienholders, by a reliable means such as certified mail. They may then inform the rest of the world by publishing a notice in a local newspaper.

Example 3: In Jones v. Flowers, a state seized and sold property for unpaid property taxes. A certified letter meant to notify the owner of the impending sale was returned to the state as "unclaimed." Afterwards, the state made no additional attempt to contact the owner directly. The Court rejected the state's notice as insufficient, emphasizing that notice “must be such as one desirous of actually informing the absentee might reasonably adopt to accomplish it." This example illustrates that notice is not a mere formality and must be sufficient to actually inform the parties involved.

Overall, notice is an important legal requirement that ensures all parties involved in a case are informed and have the opportunity to defend their interests.

Note | notice of default

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General

General chat about the legal profession.
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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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