Notice

From Wikipedia, the free encyclopedia

For other uses, see Notice (disambiguation).

Notice is the legal concept describing a requirement that a party be aware of 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.

1 Service of process
2 Due process
3 Notice and knowledge
4 See also

[edit] Service of process

At common law, notice is the fundamental principle in service of process. In this case, the service of process puts the defendant "on notice" of the allegations contained within the complaint, or other such pleading. Since notice is fundamental, a court may rule a pleading defective, which does not put the defendant on notice.

[edit] Due process

In the United States, the right to receive notice before the government deprives an individual of a protected interest is guaranteed, along with the opportunity to be heard, by the Due Process Clauses in the Fifth and Fourteenth amendments. The Sixth Amendment also specifically guarantees the right of a criminal defendant to be notified of the charges and their grounds.

[edit] 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.