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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 the complaint, or other such pleading. Since notice is fundamental, a court may rule a pleading defective if it does not put the defendant on notice.
The term antonym (and the related antonymy) is commonly taken to be synonymous with opposite, but antonym also has other more restricted meanings. Graded (or gradable) antonyms are word pairs whose meanings are opposite and which lie on a continuous spectrum (hot, cold).
Herbert Broom′s text of 1858 on legal maxims lists the phrase under the heading ″Rules of logic″, stating: Reason is the soul of the law, and when the reason of any particular law ceases, so does the law itself. [9] ceteris paribus: with other things the same More commonly rendered in English as "All other things being equal."
It is the opposite of inculpatory evidence, which tends to present guilt. In many countries, including the United States , police and prosecutors are required to disclose to the defendant exculpatory evidence they possess before the defendant enters a plea (guilty or not guilty). [ 2 ]
Actual notice may be contrasted with constructive notice, which is a way of giving notice that may not immediately bring the matter to the attention of the individual that is intended to receive the notice. Constructive notice includes, among other methods, service on an agent or family member, service by posting (on the front door), and ...
At common law, this was the name of a mixed action (springing from the earlier personal action of ejectione firmae) which lay for the recovery of the possession of land, and for damages for the unlawful detention of its possession. The action was highly fictitious, being in theory only for the recovery of a term for years, and brought by a ...
In an affirmative defense, the defendant may concede that they committed the alleged acts, but they prove other facts which, under the law, either justify or excuse their otherwise wrongful actions, or otherwise overcomes the plaintiff's claim. In criminal law, an affirmative defense is sometimes called a justification or excuse defense. [4]
In law, a default is the failure to do something required by law or to comply with a contractual obligation.Legal obligations can arise when a response or appearance is required in legal proceedings, after taking out a loan, or as agreed in a contract; failure to carry them out puts one in defaults of the obligations.