This page is continued from Civil Law Self-Help Walkthrough >>>> Section 4:
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notice:
verb (15c)
1. To give legal notice to or of <the plaintiff’s lawyer noticed depositions of all the experts that the defendant listed>.
notice:
noun (16c)
1. Legal notification required by law or agreement, or imparted by operation of law as a result of some fact (such as the recording of an instrument); definite legal cognizance, actual or constructive, of an existing right or title <under the lease, the tenant must give the landlord written notice 30 days before vacating the premises>. * A person has notice of a fact or condition if that person
(1) has actual knowledge of it;
(2) has received information about it;
(3) has reason to know about it;
(4) knows about a related fact; or
(5) is considered as having been able to ascertain it by checking an official filing or recording.
2. The condition of being so notified, whether or not actual awareness exists <all prospective buyers were on notice of the judgment lien>.
3. A written or printed announcement <the notice of sale was posted on the courthouse bulletin board>. [1]
1. In common parlance, information, intelligence, or knowledge. In law, actual notice, constructive notice, express notice, or implied notice. 39 Am J1st Notice § 3. The acclaim or criticism in the press fo the performance of an actor, musician, or dancer.
Whatever is sufficient to put a person upon inquiry is notice of all the facts to which that inquiry will lead when prosecuted with reasonable diligence an in good faith. Texas Co. v Ayecock, 190 Tenn 16, 227 SW2d 41, 17 ALR2d 322. [2]
1. As defined by judicial decision, “information concerning a fact, actually communicated to a person by an authorized person, or actually derived by him from a proper source.” [3]
notify:
vb. (14c)
1. To inform (a person or group) in writing or by any method that is understood <I notified the <I notified the court of the change in address>.
2. Archaic. To give notice or to make known <to notify the lawsuit to all the defendant’s>. [1]
Various Types of Notices:
actual notice:
(18c)
1. Notice given directly to, or received personally by, a party. — aka express notice.
2. Property. Notice given by Open possession and occupancy of real property.
advance notice – 1. Notice given beforehand, usually by a specified amount of time. — sometimes (erroneously) written advanced notice.
constructive notice – (18c) Notice arising by presumption of law from the existence of facts and circumstances that a party had a duty to take notice of, such as a registered deed or a pending lawsuit; notice presumed by law to have been acquired by a person and thus imputed to that person. — aka legal notice.
direct notice – (17c) Actual notice of a fact that is brought directly to a party’s attention. — aka positive notice.
enforcement notice – See ENFORCEMENT NOTICE.
express notice – (18c) Actual knowledge or notice given to a party directly, not arising from any inference, duty, or inquiry. See actual notice.
fair notice – (17c) 1. Sufficient notice apprising a litigant of the Opposing party’s claim. 2. The requirement that a pleading adequately apprise the opposing party of a claim. * A pleading must be drafted so that an opposing attorney of reasonable competence would be able to ascertain the nature and basic issues of the controversy and the evidence probably relevant to those issues. 3. FAIR WARNING.
immediate notice – (17c) 1. Notice given as soon as possible. 2. More commonly, and especially on notice of an insurance claim. notice that is reasonable under the circumstances.
implied notice – (18c) Notice that is inferred from facts that a person had a means of knowing and that is thus imputed to that person; actual notice of facts or circumstances that, if properly followed up. would have led to a knowledge of the particular fact in question. — aka indirect notice; presumptive notice.
imputed notice – (1831) Information attributed to a person whose agent, having received actual notice of the information, has a duty to disclose it to that person. * For example, notice of a hearing may be imputed to a witness because it was actually disclosed to that witness’s attorney of record.
inquiry notice – (1945) Notice attributed to a person when the information would lead an ordinarily prudent person to investigate the matter further; especially, the time at which the victim of an alleged securities fraud became aware of facts that would have prompted a reasonable person to investigate.
judicial notice – See JUDICIAL NOTICE.
personal notice – (17c) Oral or written notice, according to the circumstances, given directly to the affected person.
public notice – (16c) Notice given to the public or persons affected, usually by publishing in a newspaper of general circulation. * This notice is usually required, for example, in matters of public concern. — aka notice by publication.
reasonable notice – (17c) Notice that is fairly to be expected or required under the particular circumstances.
record notice – (1855) Constructive notice of the contents of an instrument, such as a deed or mortgage. that has been properly recorded.
short notice – (17c) Notice that is inadequate or not timely under the circumstances.
Additional Definitions for “Notice”:
5. Parliamentary law. A meeting’s published call. See call of a meeting under CALL (1).
6. Parliamentary law. A formal statement that certain business may come before a meeting, usu. made at an earlier meeting or published with the call of the meeting that will consider the business, and made as a prerequisite to the business’s consideration. See call of a meeting under CALL (1). — aka previous notice.
Additional Types of Notices:
notice-and-comment period – (1974) Administrative law. The statutory time frame during which an administrative agency publishes a proposed regulation and receives public comment on the regulation. * The regulation cannot take effect until after this period expires. — Often shortened to comment period.
notice-and-comment rulemaking – See informal rulemaking under RULEMAKING.
notice-based quorum – See QUORUM.
notice of deficiency – See NINETY-DAY LETTER.
notice of lis pendens – See LIS PENDENS (3).
notice of protest – (18c) l. A statement, given usually by a notary public to a drawer or indorser of a negotiable instrument, that the instrument was neither paid nor accepted; information provided to the drawer or indorser that protest was made for nonacceptance or nonpayment of a note or bill. See PROTEST (2).
2. A shipowner’s or crew’s declaration under oath that damages to their vessel or cargo were the result of perils of the sea and that the shipowner is not liable for the damages. See PERIL OF THE SEA.
notice of responsibility – A written notification by a government agency informing the recipient of a time-sensitive obligation to take some specified action, such as controlling noxious weeds, remediating a contaminated area, refraining from bringing alcohol to a space rented from the government (such as a community center), reimbursing court-appointed counsel in dependency proceedings, or any other such requirement. — Abbr. NOR.
notice-prejudice rule – (1988) A doctrine barring an insurer from using late notice as a reason to deny an insured’s claim unless the insurer can show that it was prejudiced by the untimely notice.
notice-race statute – See RACE-NOTICE STATUTE.
notice statute – (1864) A recording act providing that the person with the most recent valid claim, and who purchased without notice of an earlier, unrecorded claim, has priority. * About half the states have notice statutes. — aka notice act. Cf. RACE STATUTE; RACE-NOTICE STATUTE.
notice to admit – See REQUEST FOR ADMISSION.
notice to creditors – (17c) Bankruptcy. A formal notice to creditors that a creditors’ meeting will be held, that proofs of claim must be filed, or that an order for relief has been granted. — aka bankruptcy notice. See BANKRUPTCY NOTICE.
notice to produce – See REQUEST FOR PRODUCTION.
notification – (15c) 1.Int’l law. A formal announcement of a legally relevant fact, action, or intent, such as notice of an intent to withdraw from a treaty.
2. NOTICE: * A person receives notification if someone else
(1) informs the person of the fact or other facts from which the person has reason to know or should now the fact, or
(2) does an act that, under the rules applicable to the transaction, has the same effect on the legal relations of the parties as the acquisition of knowledge.
See Restatementof Agency § 9(2).
Types of Notices
explicitly referenced within
Courtroom Procedure:
notice of abandonment – (18c) l. The formal notification that an action will no longer be pursued, such as notice from a plaintiff to a defendant that litigation will be nonsuited.
2.Property. A formal announcement, usually in writing and recorded, that a person is relinquishing a claim to personal or real property.
4.Construction law. A builder’s or contractor’s announcement that work on unfinished property is being discontinued. See ABANDONMENT.
5.Bankruptcy. A bankruptcy trustee’s announcement that he or she intends to abandon property of the bankruptcy estate.
notice-of-alibi rule – a criminal defendant who intends to call an alibi witness at trial must give notice of who that witness is and where the defendant claims to have been at the time of the alleged offense; the government is, in turn, is must give due notice to the defendant of any witness it intends to call to rebut the alibi testimony. See Fed. R. Crim. P. 12.1.
Notice of Appeal – filed with a court (according to statute), stating intention to appeal a trial court’s judgment, order, or decree and the relief sought; the clerk sends copies to all parties’ attorneys and to court of appeals. Fed. R. App. P. 3(a), (d). — Abbr. NOA. — aka claim of appeal.
notice of appearance – (1844) 1.Procedure. A party’s written notice filed with the court or oral announcement on the record informing the court and the other parties that the party wants to participate in the case.
2.Bankruptcy. A written notice filed with the court or oral announcement in open court by a person who wants to receive all pleadings in a particular case. * This notice is usually filed by an attorney for a creditor who wants to be added to the official service list.
3. A pleading filed by an attorney to notify the court and the other parties that he or she represents one or more parties in the lawsuit. — Abbr. NOA.
notice of motion – written certification that a party to a lawsuit has filed a motion or that a motion will be heard or considered by the court at a particular time; courts in most jurisdictions require all motions to include a certificate of service, indicating that other parties to the suit have been given notice of the motion’s filing. Fed. R. Civ. P. 5(d), 7(b)(1); Fed. R. Civ. P. Form 19.
notice of orders or judgments – (1854) Written notice of the entry of an order or judgment, provided by the court clerk or one of the parties. * Notice of a judgment is usu. provided by the clerk of the court in which the judgment was entered. If the court does not provide notice, a party is usu. required to provide it. Under the Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure, the clerk is required to provide immediate notice of any order or judgment to any party to the case-who is not in default. Fed; R. Civ. P. 77(d); Fed. R. Crim. P. 49(c).
notice of removal – (1892) The pleading by which the defendant removes a case from state court to federal court. * A notice of removal is filed in the federal district court in the district and division in which the suit is pending. The notice must contain a short and plain statement of the grounds for removal and must include a copy of all process, pleadings, and orders that have been served on the removing party while the case has been pending. The removing party must also notify the state court and other parties to the suit that the notice of removal has been filed. A notice of removal must be filed, if at all, within 30 days after the defendant is served with process in the suit. 28 USCA § 1446; Murphy Bros, Inc. v. Michettz’ Pipe Stringing, Inc., 526 US. 344, 119 S.Ct. 1322 (1999). – Abbr. NOR. .
notice of trial – (17c) A document issued by a court informing the parties of the date on which the lawsuit is set for trial. * While the court typically provides the notice to all parties, it may instead instruct one party to send the notice to all the others.
notice pleading – See PLEADING (2).
notice to all the world – (17c) A general public announcement regarding a lawsuit, especially to persons within the jurisdiction where a lawsuit is pending.
notice to appear – (17c) A summons or writ by which a person is cited to appear in court. * This is an informal phrase sometimes used to refer to the summons or other initial process by which a person is notified of a lawsuit. The Federal Rules of Civil Procedure require the summons to state that the defendant must appear and defend within a given time and that failure to do so will result in a default judgment. Fed. R. Civ. P. 4(a). — Abbr. NTA. See PROCESS; SUMMONS; DEFAULT JUDGMENT; NOTICE TO PLEAD.
notice to plead – (18c) A warning to a defendant, stating that failure to file a responsive pleading within a prescribed time will result in a default judgment. * The Federal Rules of Civil Procedure require the summons to notify the defendant that failure to appear and defend within a prescribed time will result in a default judgment. Fed. R. Civ. P. 4(a). See PROCESS; SUMMONS; DEFAULT JUDGMENT; NOTICE To APPEAR.
Types of Notices
Pertaining to Real Estate:
notice doctrine – (1924) The equitable doctrine that when a new owner takes an estate with notice that someone else had a claim on it at the time of the transfer, that claim may still be asserted against the new owner even if it might have been disregarded at law. — aka doctrine of notice.
notice to quit – (18c) l. A landlord’s written notice demanding that a tenant surrender and vacate the leased property, thereby terminating the tenancy. 2. A landlord’s notice to a tenant to pay any back rent within a specified period (often seven days) or else vacate the leased premises. — aka notice to pay rent or quit.
notice to treat – (1840) English law. In the exercise of its compulsory-purchase power, an authority’s invitation to negotiate given to the owner of an interest in the land that the authority seeks to acquire. * A notice to treat has the effect of a concluded contract of sale, leaving only the price to be fixed.
Types of Notices
explicitly recognized in the
Uniform Commercial Code:
commercial-law notice – (1982) Under the UCC, notice of a fact arising either as a result of actual knowledge or notification of the fact, or as a result of circumstances under which a person would have reason to know of the fact. UCC § 1-202(a).
notice filing – (1948) The perfection of a security interest under Article 9 of the UCC by filing only a financing statement, as opposed to a copy or abstract of the security agreement. * The financing statement must contain
(1) the debtor’s signature,
(2) the secured party’s name and address,
(3) the debtor’s name and mailing address, and
(4) a description of the types of, or items of, collateral.
notice of dishonor – (1804) Notice to the indorser of an instrument that acceptance or payment has been refused. * This notice — along with presentment and actual dishonor — is a condition of an indorser’s secondary liability. UCC § 3-503(a). — aka certificate of protest; certificate of dishonor.
Types of Notices pertaining to
Intellectual Property:
notice:
4. Intellectual property. A formal sign attached to items that embody or reproduce an intellectual property right. * Notice of patent is made by placing the word “patent” (or its abbreviation, “pat.”) and the item’s patent number on an item made by a patentee or licensee. There are three statutory notice forms for U.S. trademark and servicemark registration. The most common is the symbol with the letter R (®) but “Reg. U.S. Pat. & Tm. Off.” or “Registered in U. S. Patent and Trademark Office” affords the same legal protection. A copyright notice also takes several forms. The first part may be the symbol with the letter C in a circle (©), or the word “.”Copr.” or “Copyright.” It must be followed by the copyright owner’s name and the year that the work was first published. Informal signs, such as “Brand,” “TM,” “Trademark,” “SM,” and “Service Mark,” adjacent to words or other symbols considered to be protectable marks are not legal notices of exclusive rights.
notice of copyright – See COPYRIGHT NOTICE.
notice of abandonment – Patents. A written declaration from the U.S. Patent Office to a patent applicant that the application has been terminated because the applicant failed to pursue prosecution.
notice of allowability – (1980) Patents. Notification from the U.S. Patent and Trademark Office that at least one claim in a patent application has been approved on their merits. This notice is followed by the Notice of Allowance. The notice may also be issued if at least one claim is allowable but the application is under a secrecy order. It may include examiner’s amendments incorporating some formal changes.
notice of allowance – (1888) 1. Patents. The formal notify cation from the U.S. Patent and Trademark Office that a patent application has been approved and that a patent can be issued. * The patent itself is not issued until the applicant has paid the issue fee.
2. Trademarks. The formal notification from the U.S. Patent and Trademark Office that a trademark may be placed on the Principal Register if it is actually used in commerce. — Abbr. NOA.
notice of incomplete application – (1959) Patents. A notice sent to the applicant by the US. Patent and Trademark Office when a patent application lacks a required document or the filing fee. * The applicant generally has two months to complete the application, with an extension available upon payment of a surcharge.
notice of prior-art references – (2001) Patents. Notification from a patent examiner of the previously issued patents used in rejecting one or more of the applicant’s claims. [1]
Notices Pertaining to Construction:
notice of completion – (1868) Construction law. A written and recorded announcement that a building project is finished, thereby limiting the time for filing mechanic’s liens against the property. * The time for filing a lien begins to run when the notice of completion is filed. — Abbr. NOC.
notice of nonresponsibility – (1912) Construction law. A written disclaimer that, if posted conspicuously and recorded, relieves a property owner from liability for work or materials used on the property without the owner’s authorization. * It protects an owner against mechanic’s liens that could arise when repairs or improvements are made by a tenant or other person in possession. [1]
See actual notice; constructive notice; due notice; express notice; immediate notice; implied notice; judicial notice; legal notice; official notice; immediate notice; implied notice; judicial notice; legal notice; official notice; personal notice; public notice; without notice. [3]
References:
Disclaimer: All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use.
[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4
[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition by James A. Ballantine (James Arthur 1871-1949). Edited by William S. Anderson. © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY. Library of Congress Catalog Card No. 68-30931
[3]: Ballantine’s Law Dictionary Legal Assistant Edition by Jack Ballantine (James Arthur 1871-1949). Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning. ISBN 0-8273-4874-6.
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