The legal doctrine of constructive notice attributes notice of something to a person even though an actual notice does not exist, according to USLegal.com. One example of constructive notice involves using a newspaper to announce a legal decision when one party in the case is unable to be served with a judgment. Constructive notice can also be used when a person flees a state to avoid notice of proceedings.Continue Reading
In Great Britain, documents and evidence compiled in legal cases are kept by a central registrar. Law Teacher explains anyone can view documents stored with the Registrar of Companies for a small fee. These documents are therefore considered public knowledge and provide constructive notice to any parties involved in a legal action. British law presumes a person entering a contract with a company has researched the company's background by perusing these compiled documents, and therefore the doctrine of constructive notice applies.
The crux of constructive notice involves public notice, according to About.com. Newspapers, public records of property, legal documents available to interested parties and registered trademarks are all entities that may satisfy this doctrine. When public records are available to anyone, people are assumed to have knowledge of the facts contained in those records and are precluded from denying knowledge of a legal fact due to ignorance or lack of normal inquiry.Learn more about Law
Stare decisis is important because it is essential to the doctrine of precedent, according to Cornell University Law School. Stare decisis means a court will stand by a ruling previously issued in earlier cases. This method is used to determine rulings in lower courts as well. Once a court has issued a ruling, all lower courts must have the same response in future cases.Full Answer >
With the decision in Plessy v. Ferguson, the U.S. Supreme Court enshrined the doctrine of "separate but equal" into American law, explains the American Association of Community Colleges. This doctrine led to the rise of Jim Crow laws across the South and effectively sanctioned segregation for more than 50 years.Full Answer >
The legal doctrine of "respondeat superior" is a concept in tort law when a court system holds an employer legally responsible for the acts of an employee if negligence occurs within the scope of the employee's work, according to Cornell University's Legal Information Institute. A 2002 article in the Southern Medical Journal reveals that a health care provider may be held negligent, rather than a doctor, in some circumstances.Full Answer >
The doctrine of judicial precedent means that judges can refer back to previous decisions to help decide similar cases where the law and facts are alike. This doctrine is concerned with the influence and value of past decisions of case law and the judge's prior legal experience.Full Answer >