Due Notice – receiving “notice” is an essential element of “due process”, serving a notice ensures a 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; (5) is considered as having been able to ascertain it by checking an official filing or recording

Notice: Due notice is an essential element of due process of law (5th Amendment and 14th Amendment).

Due Notice – often required by law or agreement, a notices ensure a 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;
(5) is considered as having been able to ascertain it by checking an official filing or recording. 

due notice:
(17c)

1. Sufficient and proper notice that is intended to and likely to reach a particular person or the public; notice that is legally adequate given the particular circumstance. aka adequate notice;. [1]

1. Sufficient notice.  The notice prescribed by law in the case of where notice is prescribed.  Where a statute requires notice to be given, it is the general rule of law that actual personal notice is required, and the notice must be personally served on the person to be notified. 39 Am J1st Notice § 9.

     Due notice of a trial upon charges made against a person, means that he is to be put upon trial at a specified time upon specified charges; and the notice must be given in season to afford him a reasonable opportunity to make preparation to meet the charges by summoning witnesses in his behalf. Brennan v United Hatters of North America, 73 NJL 729, 65 A 165.
See due process of law; due publication. [2]

1. Sufficient notice.  In a case where the amount of notice to be given is prescribed by law, that amount “due notice,” and only such notice is sufficient notice in law.  Due process requrires notice and the opporunity to be heard.

2. A formal declaration of intention.  USAGE: “Robin will be leaving the company at the end fo the month; she gave notice yesterday.”

3. Information; intelligence; knowledge. [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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