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constructive notice :: legal definition


Constructive notice - n. a fiction that a person got notice even though actual notice was not personally delivered to him/her. The law may provide that a public notice put on the courthouse bulletin board is a substitute for actual notice. A prime example is allowing service by publication when a spouse has left the state to avoid service (legal delivery of a legal notice) in a divorce action. The legal advertisement of the summons in an approved newspaper is treated as constructive notice, just as if the summons and petition had been served personally.

See also: constructive and Related Law Terms ↓


Related Law Terms

abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined."
acceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: service
acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers.
actual controversy :: n. a true legal dispute which leads to a genuine l ... al outcome. See also: friendly suit
ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
conflict of interest :: n. a situation in which a person has a duty to mor ... a position adverse to the customer.
conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian
contractor :: n. 1) a person or entity that enters into a contra ... actor mechanic's lien subcontractor
copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark
corporation :: n. an organization formed with state governmental ... ation public corporation securities
creditor's claim :: n. a claim required to be filed in writing, in a p ... e also: claim in bankruptcy probate
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default
eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation
equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law
estoppel :: n. a bar or impediment (obstruction) which preclud ... pel equitable estoppel estop laches
fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander
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
impute :: v. 1) to attach to a person responsibility (and th ... also. See also: vicarious liability
in terrorem clause :: (in tehr-roar-em)n. from Latin for "in fear," a pr ... e gift. See also: will will contest
incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock
independent contractor :: n. a person or business which performs services fo ... ue independence. See also: employee
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
insolvency :: n. 1) the condition of having more debts (liabilit ... the property. See also: bankruptcy
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy
invitee :: n. a person who comes onto another's property, pre ... ail employees. See also: negligence
issue :: 1) n. a person's children or other lineal descenda ... the body incorporation share stock
joinder of issue :: n. that point in a lawsuit when the defendant has ... matters are to be decided by trial.
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
jurat :: (jur-at) n. Latin for "been sworn," the portion of ... wledgment declaration notary public
lapse :: 1) v. to fail to occur, particularly a gift made i ... eficiary devisee legatee trust will
law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute
law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute
lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit
legal advertising :: n. 1) notices of probate sales and other documents ... quality of the lawyers advertising.
legal aid society :: n. an organization formed to assist persons who ha ... bar association. See also: pro bono
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order.
literary property :: n. the writings of an author which entitles him/he ... as copyrighted. See also: copyright
litigious :: adj. referring to a person who constantly brings o ... e called "professional plaintiffs."
living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney
mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion
murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea
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
notice to quit :: n. the notice given by a landlord (owner) to a ten ... h-to-month notice unlawful detainer
object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection
pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve
personal service :: n. delivering a summons, complaint, notice to quit ... process substituted service summons
personal services :: n. in contract law, the talents of a person which ... his/her unique ability and product.
power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction.
precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
property :: n. anything that is owned by a person or entity. P ... rty real property separate property
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
qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors.
quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures.
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
service :: n. 1) paid work by another person, either by contr ... ersonal services service of process
service by publication :: n. serving a summons or other legal document in a ... perty. See also: service of process
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
spontaneous exclamation :: n. a sudden statement caused by the speaker having ... et hit the girl." See also: hearsay
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
substituted service :: n. accomplishing service (delivery) of legal docum ... ee also: service service of process
summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment
summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues
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
transferred intent :: n. in both criminal and tort (civil wrong) law, wh ... hit upon Truehart. See also: intent
trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor
unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice

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 - C

C.I.F. :: n. the total of cost, insurance and freight charge ... aid on goods purchased and shipped.
calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases.
calendar call :: n. the hearing at which a case is set for trial. ... g at which a case is set for trial.
call :: n. the demand by a corporation that a stockholder ... assessment on shares already owned.
calumny :: n. the intentional and generally vicious false acc ... 's reputation. See also: defamation
cancel :: v. to cross out, annul, destroy, void and/or resci ... g, so that it cannot be used again.
cancellation :: cancel ... cancel
caning :: n. a punishment for crimes employed in certain Asi ... last century in the United States.
canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection.
cap :: n. slang for maximum, as the most interest that ca ... "adjustable rate" promissory note.
capital :: 1) n. from Latin for caput, meaning "head," the ba ... count capital assets stock in trade
capital account :: n. the record which lists all basic assets of a bu ... or the alleged value of good will.
capital assets :: n. equipment, property, and funds owned by a busin ... . See also: capital capital account
capital expenditure :: n. payment by a business for basic assets such as ... y intended to improve productivity.
capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange
capital investment :: capital expenditure ... capital expenditure
capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment
capital punishment :: n. execution (death) for a capital offense. The U. ... or death. See also: capital offense
capital stock :: n. the original amount paid by investors into a co ... price. See also: corporation stock
capitalization :: n. 1) the act of counting anticipated earnings and ... for conversion into capital assets.