Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Averment of notice
a statement in a pleading that someone else has been properly notified about some fact. See notice.
Express notice
See NOTICE.
Notice
ub. 1. To give legal notice to or of <the plaintiff's lawyer noticed depositions of all the experts that the defendant listed>. 2. To realize or give attention to <the lawyer noticed that the witness was leaving>.
actual notice
Notice given directly to, or received personally by, a party.
actual notice.
See NOTICE.
adequate notice
See due notice.
adequate notice.
See due notice under NOTICE.
affidavit of notice
An affidavit stating that the declarant has given proper notice of hearing to other parties to the action.
coal notice
In Pennsylvania, a notice that must be included in deeds and other instruments relating to the sale of surface property (excepting mortgages or quitclaim deeds) detailing any severance of the ownership of coal under the land.
commercial-law notice
See NOTICE.
consent to notice
A provision stating that notice required by a document may be given beforehand or to a designated person
constructive notice
Notice arising by presumption of law from the existence of facts and circumstances that a party had a duty to take notice of, such as a registered deed or a pending lawsuit; notice presumed by law to have been acquired by a person and thus imputed to that person. - Also termed legal notice.
copyright notice
A notice that a work is copyright-protected, usu. placed in each published copy of the work. ( Since March 1, 1989, such notice is not required for a copyright to be valid (although it continues to provide certain procedural advantages).
deficiency notice
See NINETY-DAY LETTER.
direct notice
Actual notice of a fact that is brought directly to a party's attention. -Also termed positive notice.
doctrine of notice
See NOTICE DOCTRINE.
due notice
Sufficient and proper notice that is intended to and likely to reach a particular person or the public; notice that is legally adequate given the particular circumstance. - Also termed adequate notice; legal notice.
express notice
Actual knowledge or notice given to a party directly, not arising from any inference, duty, or inquiry.
fair notice
1. Sufficient notice apprising a litigant of the opposing party's claim. 2. The requirement that a pleading adequately apprise the opposing party of a claim. 0 A pleading must be drafted so that an opposing attorney of reasonable competence would be able to ascertain the nature and basic issues of the controversy and the evidence probably relevant to those issues. 3. FAIR WARNING.
immediate notice
1. Notice given as soon as possible. 2. More commonly, and esp. on notice of an insurance claim, notice that is reasonable under the circumstances.
immediate-notice clause
Insurance. A provision in many insurance policies obligating the insured to notify the insurer as soon as possible after a claim arises. 0 A requirement in a policy for "prompt" or "immediate" notice - or that notice must be given "immediately," "at once," "forthwith," "as soon as practicable," or "as soon as possible" - generally means that the notice must be given within a reasonable time under the circumstances.
implied notice
See NOTICE.
imputed notice
See NOTICE.
indirect notice
See implied notice.
indirect notice.
See implied notice under NOTICE.
inquiry notice
Notice attributed to a person when the information would lead an ordinarily prudent person to investigate the matter further; esp., the time at which the victim of an alleged securities fraud became aware of facts that would have prompted a reasonable person to investigate.
judicial notice
See JUDICIAL NOTICE.
legal notice
See NOTICE.
marriage-notice book
An English registry of marriage applications and licenses. marriage of convenienceSee MARRIAGE (1).
notice act
See NOTICE STATUTE.
notice by publication
See public notice.
notice doctrine
The equitable doctrine that when a new owner takes an estate with notice that someone else had a claim on it at the time of the transfer, that claim may still be asserted against the new owner even if it might have been disregarded at law. - Also termed doctrine of notice.
notice filing
The perfection of a security interest under Article 9 of the UCC by filing only a financing statement, as opposed to a copy or abstract of the securitv agreement- ( The financing statement must contain (1) the debtor's signature, (2) the secured party's name and address, (3) the debtor's name and mailing address, and (4) a description of the types of, or items of, collateral.
notice of appeal.
A document filed with a court and served on the other parties, stating an intention to appeal a trial court's judgment or order. ( In most jurisdictions, filing a notice of appeal is the act by which the appeal is perfected. For instance, the Federal Rules of Appellate Procedure provide that an appeal is taken by filing a notice of appeal with the clerk of the district court from which the appeal is taken, and that the clerk is to send copies of the notice to all the other parties' attorneys, as well as the court of appeals. Fed. R. App. P. 3(a), (d). - Also termed claim of appeal. See APPEAL.
notice of appearance.
1. Procedure. A party's written notice filed with the court or oral announcement on the record informing the court and the other parties that the party wants to participate in the case. 2. Bankruptcy. A written notice filed with the court or oral announcement in open court by a person who wants to receive all pleadings in a particular case. ( This notice is usu. filed by an attorney for a creditor who wants to be added to the official service list. 3. A pleading filed by an attorney to notify the court and the other parties that he or she represents one or more parties in the lawsuit.
notice of deficiency
See NINETY-DAY LETTER.
notice of dishonor
Notice to the indorser of an instrument that acceptance or payment has been refused. ( This notice - along with presentment and actual dishonor - is a condition of an indorser's secondary liability. UCC § 3-503(a).
notice of lis pendens.
See LIS PENDENS (3)
notice of motion
Written certification that a party to a lawsuit has filed a motion or that a motion will be heard or considered by the court at a particular time. ( Under the Federal Rules of Civil Procedure, the requirement that a motion be made in writing is fulfilled if the motion is stated in a written notice of the hearing on the motion. Also, the courts in most jurisdictions require all motions to include a certificate, usu. referred to as a certificate of service, indicating that the other parties to the suit have been given notice of the motion's filing. Notice of any hearing or other submission of the motion must usu. be provided to all parties by the party requesting the hearing or submission. Fed. R. Civ. P. 5(d), 7(b)(1); Fed. R. Civ. P. Form 19.
notice of orders or judgments
Written notice of the entry of an order or judgment, provided by the court clerk or one of the parties. Notice of a judgment is usu. provided by the clerk of the court in which the judgment was entered. If the court does not provide notice, a party is usu. required to provide it. Under the Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure, the clerk is required to provide immediate notice of any order or judgment to any party to the case who is not in default. Fed. R. Civ. P. 77(d); Fed. R. Crim. P. 49(c).
notice of pendency.
See LIS PENDENS (3)
notice of protest.
1. A statement, given usu. by a notary public to a drawer or indorser of a negotiable instrument, that the instrument was neither paid nor accepted; information provided to the drawer or indorser that protest was made for nonacceptance or nonpayment of a note or bill. See PROTEST (2). 2. A shipowner's or crew's declaration under oath that damages to their vessel or cargo were the result of perils of the sea and that the shipowner is not liable for the damages. See PERIL OF THE SEA.
notice of removal
The pleading by which the defendant removes a case from state court to federal court. ( A notice of removal is filed in the federal district court in the district and division in which the suit is pending. The notice must contain a short and plain statement of the grounds for removal and must include a copy of all process, pleadings, and orders that have been served on the removing party while the case has been pending. The removing party must also notify the state court and other parties to the suit that the notice of removal has been filed. A notice of removal must be filed, if at all, within 30 days after the defendant is served with process in the suit. 28 USCA § 1446; Murphy Bros., Inc. u. Michetti Pipe Stringing, Inc., 119 S.Ct. 1322 (1999).
notice of trial
A document issued by a court informing the parties of the date on which the lawsuit is set for trial. a While the court typically provides the notice to all parties, it may instead instruct one party to send the notice to all the others.
notice pleading
A procedural system requiring that the pleader give only a short and plain statement of the claim showing that the pleader is entitled to relief, and not a complete detailing of all the facts. Fed. R. Civ. P. 8(a).
notice pleading.
See PLEADING (2).
notice statute
A recording act providing that the person with the most recent valid claim, and who purchased without notice of an earlier, unrecorded claim, has priority. 0 About half the states have notice statutes. - Also termed notice acct. Cf. RACE STATUTE; RACE-NOTICE STATUTE.
notice to appear
A summons or writ by which a person is cited to appear in court. 0 This is an informal phrase sometimes used to refer to the summons or other initial process by which a person is notified of a lawsuit. The Federal Rules of Civil Procedure require the summons to state that the defendant must appear and defend within a given time and that failure to do so will result in a default judgment. Fed. R. Civ. P. 4(a). See PROCESS; SUMMONS; DEFAULT JUDGMENT; NOTICE TO PLEAD.
notice to creditors
Bankruptcy. A formal notice to creditors that a creditors' meeting will be held, that proofs of claim must be filed, or that an order for relief has been granted.
notice to plead
A warning to a defendant, stating that failure to file a responsive pleading within a prescribed time will result in a default judgment. ( The Federal Rules of Civil Procedure require the summons to notify the defendant that failure to appear and defend within a prescribed time will result in a default judgment. Fed. R. Civ. P. 4(a). See PROCESS; SUMMONS; DEFAULT JUDGMENT; NOTICE TO APPEAR.