Misplaced Pages

#75924

16-475: The Ewiger Landfriede graduated from the development of the peace movement ( Landfriedensbewegung ), which, after initial attempts in the 12th century, had its first significant success in the Treaty of Mainz in 1235. It was aimed primarily at the lesser nobles who had not kept pace with the process of development of the princely territories. Their propensity to feuding ( Fehdefreudigkeit ) increasingly went against

32-404: 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 cannot always be located easily, some state or local laws may allow for service by publication. An example of this would be printing a notice of

48-1366: A person, arresting a person, posting it on real property , or seizing personal property . See also [ edit ] Civil procedure Due process Legal proceedings Legal process outsourcing Procedural law Trial References [ edit ] ^ Walker, David (1980). Oxford Companion to Law . Oxford University Press . p.  1003 . ISBN   0-19-866110-X . ^ Black, Henry C. (1990). Black's Law Dictionary . St. Paul, Mn.: West Publishing . pp.  1205 . ISBN   0-314-76271-X . Further reading [ edit ] Hartzler, H. Richard (1976). Justice, Legal Systems, and Social Structure . Port Washington, NY: Kennikat Press. Kempin, Jr., Frederick G. (1963). Legal History: Law and Social Change . Englewood Cliffs, NJ: Prentice-Hall. Murphy, Cornelius F. (1977). Introduction to Law, Legal Process, and Procedure . St. Paul, MN: West Publishing. Schwartz, Bernard (1974). The Law in America . New York: American Heritage Publishing Co. Retrieved from " https://en.wikipedia.org/w/index.php?title=Legal_process&oldid=1217442849 " Categories : Judiciaries Legal procedure Hidden categories: Articles with short description Short description

64-425: Is different from Wikidata Notice Notice is the legal concept describing a requirement that a party be aware of legal process affecting their rights, obligations or duties. There are several types of notice: public notice (or legal notice), actual notice , constructive notice . At common law , notice is the fundamental principle in service of process . In this case, the service of process puts

80-599: The Ewiger Landfriede , the Imperial Chamber Court ( Reichskammergericht ) in Frankfurt was created as the supreme legal authority; it was later moved to Speyer and, later, Wetzlar . In 1500, the newly created imperial circles ( Reichskreise ) were made responsible for the enforcement of the Ewiger Landfriede in the individual regions. The maintenance of peace in the empire was no longer

96-402: 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. In a civil case , personal jurisdiction over a defendant is obtained by service of a summons . Service can be accomplished by personal delivery of the summons or subpoena to

112-556: The Court of Justice of the State of Rio de Janeiro. [REDACTED] Example of physical procedural records from the Court of Justice of the State of Rio de Janeiro. Legal process (sometimes simply process ) is any formal notice or writ by a court obtaining jurisdiction over a person or property. Common forms of process include a summons , subpoena , mandate , and warrant . Process normally takes effect by serving it on

128-493: The concentration of power in the ruling monarch. In these countries, the process of nation-building was completed to such an extent that they were able to establish clear external borders. In addition to establishing the monopoly of the use of force by the state, the Ewiger Landfriede is important in other respects as well. It was universal and applicable everywhere, and violations were to be strictly punished wherever they occurred. There had been ad hoc or temporary restrictions on

144-489: The establishment of this principle took several further generations. In a modern sense, the Ewiger Landfriede formally gave the monopoly on violence to the state or the public sector. The formulation of the Ewiger Landfriede conformed with parallel developments in other European countries at that time, where the monopoly of the state in the use of force was also established, because internal conflicts were to be resolved by legal process. This was, of course, accompanied by

160-463: The intent of the imperial princes and imperial cities to pacify and consolidate their territories. Claims were henceforth no longer to be decided in battle, but confirmed through legal process . The imperial act was passed on 7 August 1495 at the Diet of Worms . In theory, at least, the use of violence to resolve disputes was replaced by settlements in the courts of the empire and its territories, even if

176-409: 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 give actual notice to the defendant to satisfy due process. In Mullane v. Central Hanover Bank & Trust Co. , the core case setting forth constitutional notice requirements,

SECTION 10

#1732772912076

192-466: The person or an authorized agent of the person. Service may also be made by substitute means; for example, in many jurisdictions, service of a summons can be made on a person of suitable age and discretion at the residence or place of business of the defendant. Jurisdiction over corporations can often be obtained through a government body authorized to receive such process. In the United States ,

208-522: The right of vendetta even in medieval times. For example, conflicts were suspended or banned during the Crusades during the period of absence of the emperor from the Reich. Now, however, in place of princely mediation and decision making in individual cases, there was a mandatory rule of law for everyone, a universal law. The enforcement of the act required a functioning judiciary in the kingdom. To preserve

224-567: The right to receive notice before the government deprives an individual of a protected interest is guaranteed, along with the opportunity to be heard, by the Due Process Clauses in the Fifth and Fourteenth amendments. The Sixth Amendment also specifically guarantees the right of 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

240-673: The sole prerogative of the king, because the Imperial Chamber Court and the imperial circles were corporate bodies or formed from the imperial estates ( Reichsstände ). The preservation of peace ( Landfrieden ) is still an important part of German law. Breaches of the peace are punishable under the Strafgesetzbuch ( § 125 StGB bzw. § 274 Ö-StGB, Art. 260 CH-StGB). The state acknowledges the right of individuals to ensure their own rights by force only in very limited circumstances (e.g., in self-defence). The monopoly of

256-482: The state over the use of force has its root in the medieval state peace movement which prevailed in the 15th century. Legal process Any formal notice or writ by a court obtaining jurisdiction over a person or proper For the American law movement, see Legal process (jurisprudence) . [REDACTED] Example of electronic consultation of physical procedural records of

#75924