Dictionary of Law
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service by publication :: legal definition


Service by publication - n. serving a summons or other legal document in a lawsuit on a defendant by publishing the document in an advertisement in a newspaper of general circulation. Service by publication is used to give "constructive notice" to a defendant who is intentionally absent, in hiding, unknown (as a possible descendant of a former landowner), and only when allowed by a judge's order based on a sworn declaration of the inability to find the defendant after "due diligence" (trying hard). Service by publication is commonly used in a divorce action to serve a spouse who has disappeared without leaving a forwarding address or to give notice to people who might have a right to object to a "quiet title" action to clear title to real property.

See also: service of process and Related Law Terms ↓


Related Law Terms

acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers.
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration
but for rule :: n. one of several tests to determine if a defendan ... e damage. See also: proximate cause
certificate of title :: n. generally, the title document for a motor vehic ... a "pink slip." See also: pink slip
class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval.
closing :: n. the final step in the sale and purchase of real ... company, escrow holder or attorney.
cloud on title (cloud) :: n. an actual or apparent outstanding claim on the ... ion reconveyance title title report
color of title :: n. the appearance of having title to personal or r ... rty based on this "color of title."
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
condemn :: v. 1) for a public agency to determine that a buil ... condemnation action eminent domain
constructive notice :: n. a fiction that a person got notice even though ... personally. See also: constructive
copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark
corporate opportunity :: n. a business opportunity which becomes known to a ... ative action fiduciary relationship
corporation :: n. an organization formed with state governmental ... ation public corporation securities
covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
dedication :: n. the giving of land by a private person or entit ... perty. See also: quiet title action
default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default
easement :: n. the right to use the real property of another f ... rstandings at the time of creation.
eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation
fee simple :: n. absolute title to land, free of any other claim ... e:" or similar words. See also: fee
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default
franchise :: 1) n. a right granted by the government to a perso ... on property, income or profits tax.
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
grantor-grantee index :: n. a set of books and/or computerized lists found ... ument in tracking a chain of title.
highway :: n. any public street, road, turnpike or canal whic ... rivilege and not an absolute right.
hostile possession :: n. occupancy of a piece of real property coupled w ... verse possession quiet title action
incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock
invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy
jurat :: (jur-at) n. Latin for "been sworn," the portion of ... wledgment declaration notary public
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
legal aid society :: n. an organization formed to assist persons who ha ... bar association. See also: pro bono
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
literary property :: n. the writings of an author which entitles him/he ... as copyrighted. See also: copyright
misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder
mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain
nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party
notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary.
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
personal service :: n. delivering a summons, complaint, notice to quit ... process substituted service summons
possibility of a reverter :: n. the potential that the title to a real property ... further issue. See also: reversion
private road :: n. a road or driveway on privately owned property, ... ng. See also: prescriptive easement
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
public defender :: n. an elected or appointed public official (usuall ... to convicted indigents for appeals.
public easement :: n. the right of the general public to use certain ... lso: easement prescriptive easement
public trust doctrine :: n. the principle that the government holds title t ... interest has been dubious at best.
public use :: n. the only purpose for which private property can ... e also: condemnation eminent domain
public utility :: n. any organization which provides services to the ... nder state laws. See also: monopoly
publication :: n. 1) anything made public by print (as in a news- ... so: defamation libel notice slander
quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title
quitclaim deed :: n. a real property deed which transfers (conveys) ... also: convey deed grant deed title
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
service :: n. 1) paid work by another person, either by contr ... ersonal services service of process
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness
substituted service :: n. accomplishing service (delivery) of legal docum ... ee also: service service of process
summons :: n. a document issued by the court at the time a la ... use service service of process writ
Thirty-day notice :: n. a notice by a landlord to a tenant on a month-t ... e also: landlord and tenant service
three-day notice :: n. a notice to pay delinquent rent or quit (leave ... nd tenant service unlawful detainer
time served :: n. the period a criminal defendant has been in jai ... o the defendant. See also: sentence
title :: n. 1) ownership of real property or personal prope ... ink slip real property title search
use :: n. the right to enjoy the benefits of real propert ... ay it is only of academic interest.
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - S

said :: adj. a reference back to a thing that was previous ... automobile in a negligent manner."
sale :: n. transfer of something (and title to it) in retu ... contract forced sale sheriff's sale
salvage :: 1) v. to save goods. 2) n. payment to a person or ... which saves cargo from a shipwreck.
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
satisfaction :: n. receiving payment or performance of what is due ... n contract satisfaction of judgment
satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment
satisfaction of mortgage :: n. a document signed by a lender acknowledging tha ... id off the debt. See also: mortgage
save harmless :: v. 1) also called hold harmless, to indemnify (pro ... . See also: hold harmless indemnify
savings and loan :: n. a banking and lending institution, chartered ei ... vings into the home finance market.
scienter :: n. Latin for "having knowledge." In criminal law, ... ents were lies and thus fraudulent.
scintilla :: n. Latin for "spark." Scintilla is commonly used i ... ark) upon which to base a judgment.
scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior
scrivener :: n. a person who writes a document for another, usu ... r practicing law without a license.
seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today.
sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict
sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny.
search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant
search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant
search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure
second degree murder :: n. a non-premeditated killing, resulting from an a ... t degree murder manslaughter murder