
[Middle English, knowledge, from Old French, from Latin nōtitia, from nōtus, known, past participle of nōscere, to get to know.]
noticer no'tic·er n.| Notebook Computer, Note Receivable, Note Payable | |
| Notice of Default, Notice of Deficiency, Notice to Quit |
| Note:, Note | |
| Notice of Completion, Notice of Default |
noun
verb
Definition: observation
Antonyms: disregard, heedlessness, ignorance, neglect
v
Definition: observe, perceive
Antonyms: disregard, ignore, miss, neglect, overlook
Information; knowledge of certain facts or of a particular state of affairs. The formal receipt of papers that provide specific information.
There are various types of notice, each of which has different results. In general, notice deals with information that a party knows or should have known. In this context notice is an essential element of due process. Notice can also refer to commonly known facts that a court or administrative agency may take into evidence.
Actual notice is information given to the party directly. The two kinds of actual notice are express notice and implied notice. An individual is deemed to have been given express notice when he or she actually hears it or reads it. Implied notice is deduced or inferred from the circumstances rather than from direct or explicit words. Courts will treat such information as though actual notice had been given.
Constructive notice is information that a court deems that an individual should have known. According to a rule of law that applies in such cases, the court will presume that a person knows the information because she could have been informed if proper diligence had been exercised. Constructive notice can be based on a legal relationship as well. For example, in the law governing partnerships, each partner is deemed to have knowledge of all the partnership business. If one partner engages in dishonest transactions, the other partners are presumed to know, regardless of whether they had actual knowledge of the transaction. The term legal notice is sometimes used interchangeably with constructive notice.
In certain cases involving the purchase of real property, an individual is charged with inquiry notice. When an individual wishes to purchase land, he ordinarily has the duty under the recording acts to check the title to the property to determine that the land is not subject to any encumbrances, which are claims, liens, mortgages, leases, easements or right of ways, or unpaid taxes that have been lodged against the real property. In some situations, however, the individual must make a reasonable investigation outside of the records, such as in cases involving recorded but defective documents. This type of notice is known as inquiry notice.
Some states have notice recording statutes that govern the recording of land titles. Whereas inquiry notice deals with looking closely at documents that have been recorded, notice recording statutes state that an unrecorded conveyance of property is invalid against the title bought by a subsequent bona fide purchaser for value and without notice. This means that if John purchases a piece of land on a contract for deed from Tom and does not record the contract for deed, and if Tom resells the land to Jill, who has no notice of the prior sale, then Jill as a bona fide purchaser will prevail, and John's conveyance will be invalid.
The concept of notice is critical to the integrity of legal proceedings. Due process requires that legal action cannot be taken against anyone unless the requirements of notice and an opportunity to be heard are observed.
Legal proceedings are initiated by providing notice to the individual affected. If an individual is accused of a crime, he has a right to be notified of the charges. In addition, formal papers must be prepared to give the accused notice of the charges.
An individual who is being sued in a civil action must be provided with notice of the nature of the suit. State statutes prescribe the method of providing this type of notice. Courts are usually strict in requiring compliance with these laws, and ordinarily a plaintiff must put this information into a complaint that must be served upon the defendant in some legally adequate manner. The plaintiff may personally serve the complaint to the defendant. When that is not practical, the papers may be served through the mail. In some cases a court may allow, or require, service by posting or attaching the papers to the defendant's last known address or to a public place where the defendant is likely to see them. Typically, however, notice is given by publication of the papers in a local newspaper. When the defendant is not personally served, or is formally served in another state, the method of service is called substituted service.
Notice is also critical when suing a state or local government. Many states and municipalities have notice of claim provisions in their statutes and ordinances that state that, before a lawsuit is started, a notice of claim must be filed within a reasonable time, usually three to six months after the injury occurs. The notice must contain the date of injury, how it occurred, and other facts that establish that the prospective plaintiff has a viable cause of action against the government. Failure to file a notice of claim within the prescribed time period prevents a plaintiff from filing a lawsuit unless exceptions to this requirement are provided by statute or ordinance.
Notice is also an important requirement in ending legal relationships. For example, a notice to quit is a written notification given either by the tenant to the landlord, or vice versa, indicating that either the tenant intends to surrender possession of the premises on a certain day or that the landlord intends to regain possession of the premises on a certain day. Many kinds of contracts require that similar notice be given to either renew or end the contractual relationship.
Notice may also refer to commonly known facts that a court or administrative agency may take into evidence during a trial or hearing. Judicial notice is a doctrine of evidence that allows a court to recognize and accept the existence of a commonly known fact without the need to establish its existence by the admission of evidence. Courts take judicial notice of historical events, federal, state, and international laws, business customs, and other facts that are not subject to reasonable dispute.
Administrative proceedings use the term official notice to describe a doctrine similar to judicial notice. A presiding administrative officer recognizes as evidence, without proof, certain kinds of facts that are not subject to reasonable dispute. Administrative agencies, unlike courts, have an explicit legislative function as well as an adjudicative function: they make rules. In rule making, agencies have wider discretion in taking official notice of law and policy, labeled legislative facts.
See: Due Process of Law; Legislative Facts; Personal Service; Recording of Land Titles; Registration of Land Titles; Service of Process; Title Search.
Ever notice how irons have a setting for 'permanent' press? I don't get it . . .
— Steven Wright, Canadian comedian.
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1. knowledge; information; awareness of facts. v 2. the knowledge of facts that would naturally lead an honest and prudent person to make inquiry constitutes “notice” of everything that such inquiry pursued in good faith would disclose. v 3. to observe.

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Notice is the legal concept in which a party is made aware of a 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.
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 a criminal defendant to be notified of the charges and their grounds.
If a court bases personal jurisdiction over an out-of-state or foreign defendant on a long-arm statute, the court must carefully select a means of notifying the defendant to comply with the notice requirement of due process. Sometimes this is done by serving agents of the defendant located within the state. Because out-of-state defendants can't always be located easily, some state or local laws may allow for selication. An example of this would be printing a notice of the lawsuit in a newspaper published where the defendant is believed to reside. Because the failure of a defendant to appear in court results in a default judgment against him, such measures must be sufficiently calculated to give actual notice to the defendant to satisfy due process.
In the core case setting forth constitutional notice requirements, the U.S. Supreme Court held that notice must be "reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections." Moreover, defendants must be notified by the "best practical means" available.
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.
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Dansk (Danish)
n. - opmærksomhed, meddelelse, notits, artikel, varsel
v. tr. - bemærke, tage notits af, omtale
idioms:
Nederlands (Dutch)
aandacht, mededeling, waarschuwing, recensie, aanzegging, informatie, ontslag, beleefdheid, gewaarworden, (be-/op) merken, bespeuren, attent zijn, bespreken iemands aandacht vestigen op
Français (French)
n. - faire-part, communication, compte rendu, pancarte, écriteau, annonce, avis, attention, (Théât, Journ) compte-rendu critique, préavis, (Admin, Jur) avis, démission, (donner) son congé à, évacuation
v. tr. - remarquer, s'apercevoir de
idioms:
Deutsch (German)
n. - Mitteilung, Meldung, Beachtung, Besprechung, Kündigung(sfrist)
v. - wahrnehmen, erwähnen, bemerken, Notiz nehmen
idioms:
Ελληνική (Greek)
n. - αναγγελία, ανακοίνωση, γνωστοποίηση, (προ)ειδοποίηση (λύσης σύμβασης, απόλυσης ή παραίτησης), (τακτή) προθεσμία, παρατήρηση, προσοχή, αγγελία, σημασία, αντίληψη, (καθομ.) θεατρική κριτική (εφημερίδας)
v. - δίνω προσοχή, προσέχω, διακρίνω, παρατηρώ, αντιλαμβάνομαι
idioms:
Italiano (Italian)
percepire, notare, comunicazione, recensione
idioms:
Português (Portuguese)
n. - observação (f), atenção (f), notificação (f), advertência (f), boletim (m), notícia (f), aviso (m) prévio, instrução (f)
v. - notar, noticiar, mencionar, notificar
idioms:
Русский (Russian)
заметить, объявление, упоминание
idioms:
Español (Spanish)
n. - aviso, anuncio, letrero, atención
v. tr. - notar, reparar en, percibir, observar, darse cuenta de
idioms:
Svenska (Swedish)
n. - notis, meddelande, anmälan, recension, varsel, uppsägning, uppmärksamhet, kännedom
v. - märka, iaktta, uppmärksamma, nämna, framhålla, anmäla, recensera, säga upp
中文(简体)(Chinese (Simplified))
注意, 通知, 布告, 评论
idioms:
中文(繁體)(Chinese (Traditional))
n. - 注意, 通知, 布告
v. tr. - 注意, 評論, 通知
idioms:
한국어 (Korean)
n. - 통지, 주의, 예고
v. tr. - 알아채다, 주의하다, 아는 체하다, 언급하다
idioms:
日本語 (Japanese)
n. - 注意, 話題になること, 通知, 予告, 掲示, 契約解除の予告, 批評, 告示
v. - 気がつく, 注意する, 注目する, 紹介する, 指摘する, 気づく
idioms:
العربيه (Arabic)
(الاسم) ملاحظه (فعل) يلاحظ يجلب الى أنتباهه
עברית (Hebrew)
n. - מודעה, הודעה (מוקדמת), התראה, הודעת פיטורים, תשומת-לב, סיקורת, ביקורת
v. tr. - הבחין, שם לב, סקר, כתב ביקורת
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