notice
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 339 U.S. 306 - Mullane v. Central Hanover Bank & Trust Co. · 1950Most cited · 18,116 citing opinions
due process standard
An elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.
How the Supreme Court has restated “notice”
Each Supreme Court definition of “notice,” sized by how often later courts cited it. “Change” is measured by wording overlap with earlier definitions — a rough signal, not a semantic judgment.
How often courts cite the cases defining “notice”
Court decisions citing the 8 opinions that defined “notice” — 19,735 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 8 definitions, chronological · 1790–1968
- ORIGINAL
Notice is indeed essential to the validity and effect of an assignment; for, being an equitable transfer, it must be taken subject to every equitable circumstance.
essential to validity of assignment
The reason of the provision is merely, that the party shall have notice or information sufficient to put him on inquiry, whether he is not intermeddling with what belongs to another. If the information given to him, orally or in writing, is such as ought to satisfy a fair-minded man that he is concealing the property of another, it is his duty under the constitution and laws to cease to do it longer.
under Fugitive Slave Act 1793
Beside this, the answer should have averred the want of notice, not only before the sale, but before the payment of the purchase-money. Till the actual payment the buyer is not injured, and it is voluntary to go on or not when informed that the title is in another.
subsequent purchaser
Notice to the defendant, actual or constructive, is essential to the jurisdiction of all courts, and the better opinion is, that a judgment rendered without notice may be shown to be void, when brought collaterally before the court as evidence.
jurisdictional requirement
Nor can extra-official or casual notice, or a hearing granted as a matter of favor or discretion, be deemed a substantial substitute for the due process of law that the Constitution requires. This notice must be provided as an essential part of the statutory provision, and not awarded as a mere matter of favor or grace.
constitutional
any real notice of the true nature of the charge against him, the first and most universally recognized requirement of due process
due process
a notice to the debtor of his obligation and that the rule does not then further require a notice of an intent to execute, once notification of the judgment is properly given.