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Old 03-16-2009   #8 (permalink)
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Arrow Re: Dateline 2009: Newspapers Are Dying!

Okaly dokaly. Hear Ye, hear Ye: In the matter of laws of legal notice, case #235634-426-234: Mr. Turtle vs. Whomever's Got A. Stick

Constructive notice - Wikipedia, the free encyclopedia
Quote:
Originally Posted by Wicked Podiatrist
Constructive notice is a legal fiction used in the law of both common law and civil law systems to signify that a person or entity is legally presumed to have knowledge of something, even if they have no actual knowledge of it.
...
Another common example of constructive notice is found in the law of civil procedure. Where a plaintiff files a lawsuit, but is unable to effect service of process on the defendant because the defendant is in hiding, or their whereabouts are unknown, most states permit the plaintiff to give constructive notice by either posting an announcement of the suit on property known to be owned by the defendant, or by publishing the notice in a local newspaper. Even if the defendant never sees the notice (or, at least, if it can not be proven that the defendant saw it), the court will go forward with the case as though the defendant was fully aware of the proceedings. In such a case, however, the defendant can later challenge the jurisdiction of the court to hear the case, at which time the plaintiff usually has to prove that he tried to effect service of process by other means, and was unable to do so. A "lis pendens" notice is a document filed in the public records which, according to the laws of many states, provides constructive notice of pending litigation which could affect title to the property.
...Various forms of constructive notice have been challenged in the United States Supreme Court as violating due process. While the Court has generally upheld such practices, there have been some exceptions to this, such as in Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (1950), where the court held that notice must be "reasonably calculated" to reach known parties to a proceeding.
Boldenation mine there. Freezy asserted:
Quote:
Originally Posted by Mr. Freezy
Everyone in the US has access to the internet. It might not be free, or convenient, or even easy for those unaccustomed, but this will change in time.
I call for the respondent know as Mr. Freezy, to produce into evidence "reasonable calculation" in support of the above assertion.

I got onto "constructive notice" from "public notice" and so better cover that Wiki Pidiot article as it pertains, to whit & wherefore & voila: Public notice - Wikipedia, the free encyclopedia
Quote:
Originally Posted by Wiki Pidiot Law
Public notice is a notice given to the public by a government agency or legislative body in a rulemaking or lawmaking proceeding. It is a requirement in most jurisdictions, in order to allow members of the public to make their opinions on proposals known before a rule or law is made.

For local government, public notice is often given in a local newspaper by those seeking a liquor license, a rezoning or variance, or other minor approval which must be granted by a city council, county commission, or board of supervisors. This may also be required when seeking a broadcast license from a national broadcasting authority.

Public notice can also be given in other ways, such as on a website (which is usually unofficial), or on radio or television. ...
That's Lunch.


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semantics is not always just pedantic quibbling. ~ douglas r. hofstadter
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