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notice n

1 a : a notification or communication of a fact, claim, demand, or proceeding see also process, service NOTE: The requirements of when, how, and what notice must be given to a person are often prescribed by a statute, rule, or contract.
b : awareness of such a fact, claim, demand, or proceeding

actual notice
1 : actual awareness or direct notification of a specific fact, demand, claim, or proceeding [had actual notice of the meeting] called also express notice
2 : implied notice in this entry

constructive notice
: notice that one exercising ordinary care and diligence as a matter of duty would possess and esp. that is imputed by law rather than from fact [held to have constructive notice of the prior recorded deed] compare recording act

express notice
: actual notice in this entry

implied notice
: notice that is imputed to a party having knowledge of a fact or circumstance that would cause a reasonable party to inquire further or having possession of a means of knowing a particular fact and that is considered a form of actual notice called also inquiry notice

notice by publication
: notice published in a public medium (as a newspaper) that is used, allowed, or required esp. in matters of public concern, land, or estates or after due diligence in attempting personal service of process
2 : actual notice in this entry
3 : constructive notice in this entry
4 : something (as information) that would cause a reasonable party to inquire further see also implied notice in this entry
5 : a written document containing notice [filed a of appeal]
6 : recognition or attention esp. by a court see also judicial notice
vt no·ticed
1 : to make known through notice [appeals noticed for the coming session] [a noticed shareholder meeting]
2 : to recognize formally [in a civil action or proceeding, the court shall instruct the jury to accept as conclusive any fact judicially noticed "Federal Rules of Evidence Rule 201(g)"]
3 : to serve a notice to
: to bring about by means of notice [allowed to a deposition from the other party]
adj : of, relating to, or being a recording act in which a party having an interest in property has priority over any earlier unrecorded claims of which the party had no notice compare pure race, race-notice

Source: Merriam-Webster's Dictionary of Law ©1996. Merriam-Webster, Incorporated. Published under license with Merriam-Webster, Incorporated.

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