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Service Of Process
Each legal jurisdiction has rules and discrete terminology regarding the appropriate procedures for serving legal documents on a person being sued or subject to legal proceedings. In the U.S. legal system, service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding in a court, body, or other tribunal. Notice is furnished by delivering a set of court documents (called "process") to the person to be served. Service Each jurisdiction has rules regarding the appropriate service of process. Typically, a summons and other related documents must be served upon the defendant personally, or in some cases upon another person of suitable age and discretion at the person's residence or place of business or employment. In some cases, service of process ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Legal Jurisdiction
Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the Right, legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple levels (e.g., local, Federated state, state, and federal). Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the Executive (government), executive and Legislature, legislative branches of Forms of government, government to allocate resources to best serve the needs of society. International dimension Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. Extraterritorial jurisdiction is exercised through three principles outlined in the UN Charter, UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises questions of when can many stat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Province
A province is an administrative division within a country or sovereign state, state. The term derives from the ancient Roman , which was the major territorial and administrative unit of the Roman Empire, Roman Empire's territorial possessions outside Roman Italy, Italy. The term ''province'' has since been adopted by many countries. In some countries with no actual provinces, "the provinces" is a metaphorical term meaning "outside the capital city". While some provinces were produced artificially by Colonialism, colonial powers, others were formed around local groups with their own ethnic identities. Many have their own powers independent of central or Federation, federal authority, especially Provinces of Canada, in Canada and Pakistan. In other countries, like Provinces of China, China or Administrative divisions of France, France, provinces are the creation of central government, with very little autonomy. Etymology The English language, English word ''province'' is attested ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Public Notice
A public notice is a form of notice given to the general public, public regarding certain types of legal proceedings. __TOC__ By government Public notices are issued by a government agency or legislative body in certain 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 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. By private individuals or companies Parties to some legal proceedings, such as foreclosures, probate, and estate (law), estate actions are sometimes required to publish public notices. In communications Public notices are sometimes required to seek a new broadcast license from a national :Communications authorities, broadcasting authority, or a change t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Motion (legal)
In United States law, a motion is a Legal procedure, procedural device to bring a limited, contested issue before a court for decision. It is a request to the judge (or judges) to make a decision about the Legal case, case. Motions may be made at any point in Administrative law, administrative, Criminal procedure, criminal or Civil procedure, civil proceedings, although that right is regulated by court rules which vary from place to place. The party requesting the motion is the ''moving party'' or ''movant''. The party opposing the motion is the ''nonmoving party'' or ''nonmovant''. Process In the United States, as a general rule, courts do not have self-executing powers. In other words, in order for the court to rule on a contested issue in a case before it, one of the parties or a third party must raise an appropriate motion asking for a particular order. Some motions may be made in the form of an oral request in open court, which is then either summarily granted or denied or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Constructive Notice
Constructive notice is the legal fictionThe phrase "legal fiction" should not be construed to mean that the concept of constructive notice is legally invalid. that signifies that a person or entity should have known, as a reasonable person would have, of a legal action taken or to be taken, even if they have no actual knowledge of it. Overview The doctrine is generally construed with regards to legal notices published, either by posting them at a designated place in a courthouse, or publishing them in a newspaper designated for legal notices. Because both methods of publication are available to the general public (courthouses being open to all members of the general public, and newspapers readily available in public places such as libraries), the person to whom the notice is being issued (even if issued in a generic form, such as "To All Heirs of John Smith, a Resident of Orange County") is considered to have received notice even if they were not actually aware of it. Another use ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Due Diligence
Due diligence is the investigation or exercise of care that a reasonable business or person is normally expected to take before entering into an agreement or contract with another party or an act with a certain standard of care. Due diligence can be a legal obligation, but the term more commonly applies to voluntary investigations. It may also offer a defence against legal action. A common example of due diligence is the process through which a potential acquirer evaluates a target company or its assets in advance of a merger or acquisition. The theory behind due diligence holds that performing this type of investigation contributes significantly to informed decision making by enhancing the amount and quality of information available to decision makers and by ensuring that this information is systematically used to deliberate on the decision at hand and all its costs, benefits, and risks. Development of the term The term "due diligence" can be read as "required carefulness" ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Consolidated Laws Of New York
The ''Consolidated Laws of the State of New York'' are the codification of the permanent laws of a general nature of New York enacted by the New York State Legislature. It is composed of several chapters, or laws. New York uses a system called "continuous codification" whereby each session law clearly identifies the law and section of the ''Consolidated Laws'' affected by its passage. Unlike civil law codes, the ''Consolidated Laws'' are systematic but neither comprehensive nor preemptive, and reference to other laws and case law is often necessary. The ''Consolidated Laws'' were printed by New York only once in 1909–1910, but there are 3 comprehensive and certified updated commercial private versions. The Laws can be found online without their amendment history, source notes, or commentary. There also exist unconsolidated laws, such as the various court acts. Unconsolidated laws are uncodified, typically due to their local nature, but are otherwise legally binding. Sessio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Dwelling
In law, a dwelling (also known as a residence, abode or domicile) is a self-contained unit of accommodation – such as a house, apartment, mobile home, houseboat, recreational vehicle, or other "substantial" structure – used as a home by one or more households. The concept of a dwelling has significance in relation to search and seizure, conveyancing of real property, burglary, trespass, and land-use planning. Legal definitions Legal definitions vary by jurisdiction. 'Dwelling' (England and Wales) Under English law, a dwelling is defined as a self-contained 'substantial' unit of accommodation, such as a building, part of a building, caravan, houseboat or other mobile home. A tent is not normally considered substantial. 'Dwelling' (North Carolina) According to North Carolina General Statute § 160A-442, "Dwelling" means any building, structure, manufactured home or mobile home, or part thereof, used and occupied for human habitation, or intended to be so used, and inclu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Abode
In law, a dwelling (also known as a residence, abode or domicile) is a self-contained unit of accommodation – such as a house, apartment, mobile home, houseboat, recreational vehicle, or other "substantial" structure – used as a home by one or more households. The concept of a dwelling has significance in relation to search and seizure, conveyancing of real property, burglary, trespass, and land-use planning. Legal definitions Legal definitions vary by jurisdiction. 'Dwelling' (England and Wales) Under English law, a dwelling is defined as a self-contained 'substantial' unit of accommodation, such as a building, part of a building, caravan, houseboat or other mobile home. A tent is not normally considered substantial. 'Dwelling' (North Carolina) According to North Carolina General Statute § 160A-442, "Dwelling" means any building, structure, manufactured home or mobile home, or part thereof, used and occupied for human habitation, or intended to be so used, and includes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Suitable Age And Discretion
Suitable age and discretion is both a legal definition of maturity (and by contrast immaturity),''Temple v. Norris'', 55 N.W. 133, 133–134 (Minn. 1893), found aGoogle books Accessed March 30, 2010. and an alternate method of service of process by which a process server can leave a summons, subpoena, or complaint with a person living at the residence of the defendant.N.Y. Civil Law Practice and Rules section 308, found aNew York State Assembly website(go to CVP) an All accessed March 29, 2010. Definitions Minimum age The age that adolescents gain legal rights and privileges vary. Generally, those who reach the age of 18 are legally considered to have reached the age of majority, but persons below that age may gain adult rights through legal emancipation. The legal working age in Western countries is usually between 14 and 16, depending on the hours and type of employment. This may be different from the minimum school leaving age (at which a person is legally allowed to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Newspaper
A newspaper is a Periodical literature, periodical publication containing written News, information about current events and is often typed in black ink with a white or gray background. Newspapers can cover a wide variety of fields such as politics, business, sports, art, and science. They often include materials such as opinion columns, weather forecasts, reviews of local services, Obituary, obituaries, birth notices, crosswords, editorial cartoons, comic strips, and advice columns. Most newspapers are businesses, and they pay their expenses with a mixture of Subscription business model, subscription revenue, Newsagent's shop, newsstand sales, and advertising revenue. The journalism organizations that publish newspapers are themselves often Metonymy, metonymically called newspapers. Newspapers have traditionally been published Printing, in print (usually on cheap, low-grade paper called newsprint). However, today most newspapers are also Electronic publishing, published on webs ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |