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COMMUNICATION ASSESSMENT FILE
TITLE:
NOTICES AND CIRCULARS
SUBMITTED TO: SUBMITTED BY:
MS. LEKHA RANI SINGH KANIKA GARG
DEPARTMENT: AICC B.TECH- 3IT-1
A2305309055
ASET
AMITY UNIVERSITY, UTTAR PRADESH
INTRODUCTION
NOTICES:
Notice is the legal concept in which a party is made aware of a legal
process affecting their rights, obligations or duties. There are several types of
notice: public notice (or legal notice), actual notice, constructive notice
and implied notice.
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 a criminal defendant to be notified of the charges
and their grounds.
If a court bases personal jurisdiction over an out-of-state or foreign defendant on
a long-arm statute, the court must carefully select a means of notifying the
defendant to comply with the notice requirement of due process. Sometimes this
is done by serving agents of the defendant located within the state. Because out-
of-state defendants can't always be located easily, some state or local laws may
allow for selication. An example of this would be printing a notice of the lawsuit in
a newspaper published where the defendant is believed to reside. Because the
failure of a defendant to appear in court results in a default judgment against him,
such measures must be sufficiently calculated to notice to the defendant to
satisfy due process. give actual.
In the core case setting forth constitutional notice requirements, the U.S.
Supreme Court held that notice must be "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." Moreover, defendants
must be notified by the "best practical means" available.
CIRCULARS:
A circular (or called a flyer, handbill or leaflet) is a single page
leaflet advertising a nightclub, event, service, or other activity. Flyers are typically
used by individuals or businesses to promote their products or services. They are
a form of mass marketing or small scale, community communication. The verb
"flyering" or "fliering" has evolved as a colloquial expression meaning "to put up
flyers".
Circulars, along with postcards, pamphlets and small posters, are forms of
communication for people who want to engage the public but do not have the
money or desire to advertise over the internet, in telephone directories,
or classified or display advertising in newspapers or other periodicals. As
marketing became more direct in the late 1980s and 1990s, flyers evolved and
currently there are many formats to be found. Some examples are:
A4 (roughly letterhead size)
A5 (roughly half letterhead size)
DL (compslip size)
A6 (postcard size)
CC (credit card size)
Circulars are inexpensive to produce and are regarded as a very effective form of
direct marketing. Their widespread use intensified with the spread of desktop
publishing systems. In recent years, the production of flyers through traditional
printing services has been supplanted by Internet services; customers may send
designs and receive final products by mail.
TYPES OF NOTICES
Public notices(or legal notices)
Actual notices
Constructive notices
Implied notices
PUBLIC NOTICES:
Public notice is a notice given to the public regarding certain types of legal
proceedings.
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 actions are sometimes required to publish public notices.
In communications
Public notices are sometimes required when seeking a new broadcast
license from a national broadcasting authority, or a change to modification to an
existing license.
U.S. broadcast stations are required to give public notice on the air that they are
seeking a license renewal from the U.S. Federal Communications
Commission (FCC), or that they are ending analog TV service early during
the digital television transition in the United States . Records of these public
notices must often be kept in a station's public file.
Method of notice
One method of notice is publication in a local newspaper. Public notice can also
be given in other ways, including radio, television, and on the Internet. Some
governments required publication in a newspaper, though there have been
attempts among some politicians to eliminate the expense of publication by
switching to electronic forms of notification.
CONSTRUCTIVE NOTICES:
Constructive notice is a legal fiction used in the law of both common law and civil
law systems to signify that a person or entity is legally presumed to have
knowledge of something, even if they have no actual knowledge of it.
Intellectual property
For example, one benefit of registering a trademark with the federal government
of the United States is that the registration gives nationwide constructive notice
that the trademark is owned by the registrant. Therefore, if another entity uses
the mark, they will be treated as though they knew their use of it was a trademark
infringement, even if they had no actual knowledge of the registration, or the
registrant's use of the mark.
Real property
One of the most common examples of constructive notice is in the operation of
the real estate recording laws. One of the purposes of these is to impart
constructive notice of the contents of documents affecting the title that are
recorded in the recorder's offices in the jurisdictions where the real estate lies.
In tort
Constructive notice in the American legal system can be used to impose liability
for negligence in tort actions against landholder defendants. When there is no
actual notice to a defendant of a hazardous condition, there may nevertheless be
constructive notice. If the defendant would have been aware of the condition by
being reasonably attentive, the defendant has constructive notice.
Service of process
Another common example of constructive notice is found in the law of civil
procedure. Where a plaintiff files a lawsuit, but is unable to effect service of
process on the defendant because the defendant is in hiding, or their
whereabouts are unknown, most states permit the plaintiff to give constructive
notice by either posting an announcement of the suit on property known to be
owned by the defendant, or by publishing the notice in a local newspaper. Even if
the defendant never sees the notice (or, at least, if it can not be proven that the
defendant saw it), the court will go forward with the case as though the defendant
was fully aware of the proceedings. In such a case, however, the defendant can
later challenge the jurisdiction of the court to hear the case, at which time the
plaintiff usually has to prove that he tried to effect service of process by other
means, and was unable to do so. A "lis pendens" notice is a document filed in the
public records which, according to the laws of many states, provides constructive
notice of pending litigation which could affect title to the property.
Various forms of constructive notice have been challenged in the United States
Supreme Court as violating due process. While the Court has generally upheld
such practices, there have been some exceptions to this in which the court has
held that notice must be reasonably calculated to reach known parties to a
proceeding.
ACTUAL NOTICES:
Actual notice is a law term, used most frequently in civil procedure. It is notice
(usually to a defendant in a civil proceeding) delivered in such a way as to give
legally sufficient assurance that actual knowledge of the matter has been
conveyed to the recipient. Personal service, that is, physically handing something
to an individual, is usually considered the least-disputable method of giving
actual notice.
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 service by publication (as in a newspaper).
FORMAT OF NOTICE
Date:
Place:
Body: What, where, when, how, how
Name: (Official seal)
(Designation)
And the above should be enclosed in a box.
TYPES OF CIRCULARS
Academics
Administration
Accounts
Training
Pay Commision
Admission
Events
Miscellaneous