CIVIL PROCEDURE REVISION GUIDE
QUESTIONS WITH ANSWERS PROVIDED FOR
EXAM PREPARATION
1. What is the first requirement of reasonable notice? Parties must
receive adequate notice of the commencement of the action and
issues involved.
2. What is the second requirement of reasonable notice? Parties
have an adequate opportunity at an appropriate time to present
their sides of the dispute.
3. Rule in Mullane v. Central Hanover: notice is reasonably
calculated, under all the circumstances, to notify the interested
parties of the action and give them the opportunity to present
their objections.
4. Supreme Courts 3 Requirements of Notice: 1) Notice is
reasonably calculated "manner"
2) Notice must reasonably convey the required information - "content"
3) Notice must afford reasonable time for interested parties to make
their appearance.
5. Actual Notice: mailing, handing to the individual
6. Constructive Notice: posting in a local newspaper, posting notice on
property 7. Due Process under the 14th Amendment: Is triggered
when being deprived of life, liberty, or property are threatened, that
person is required to receive notice and afforded an opportunity for
hearing
8. "But in any event, we think that the requirements of the
Fourteenth Amendment to the Federal Constitution do not
depend upon a classification for which the standards are so
elusive and confused generally and which, being primarily for
state courts to define, may and do vary from state to state." (pg.
240): The distinction between in rem and in personam is not
relevant to due process of notice.
9. "A construction of the Due Process Clause which would
place impossible or impractical obstacles in the way could not be
, CIVIL PROCEDURE REVISION GUIDE
QUESTIONS WITH ANSWERS PROVIDED FOR
EXAM PREPARATION
justified. Against this interest of the State, we must balance the
individual interest sought to be protected by the Fourteenth
Amendment." (pg. 241): The Supreme Court creates a balancing
test: state interests vs. individual interest.
10. States Interest: Has an interest in notifying its citizens of pending
litigation; Due Process does not require them to undergo impossible or
impractical obstacles.
1 1. Individual Interest: Is protected by the 14th Amendment which
affords them the opportunity to be heard.
12. "The court has not committed itself to any formula
achieving a balance between these interests in a particular
proceeding or determining when constructive notice may be
utilized or what test it must meet." (pg. 241): The Supreme Court
will not commit itself to a formula and will rule by what is
reasonable in those circumstances.
13. Accordingly, we overrule appellant's constitutional objection
to published notice insofar as it is urged on behalf of any
beneficiaries whose interests
or addresses are unknown to the trustee. (pg. 244): The objection from
Mullane about the notice by publication is overruled as it related to the
unknown beneficiaries.
14. As to known present beneficiaries of known place of
residence, however, notice by publication stands on different
footing. Exceptions in the name of necessity do not sweep away
the rule that within the limits of practicability notice must be
such as is reasonably calculated to reach interest parties. (pg.
244): The Supreme Court said for the known beneficiaries that
you have addresses and already contacted, newspaper
publication is not sufficient and actual notice is
necessary.
QUESTIONS WITH ANSWERS PROVIDED FOR
EXAM PREPARATION
1. What is the first requirement of reasonable notice? Parties must
receive adequate notice of the commencement of the action and
issues involved.
2. What is the second requirement of reasonable notice? Parties
have an adequate opportunity at an appropriate time to present
their sides of the dispute.
3. Rule in Mullane v. Central Hanover: notice is reasonably
calculated, under all the circumstances, to notify the interested
parties of the action and give them the opportunity to present
their objections.
4. Supreme Courts 3 Requirements of Notice: 1) Notice is
reasonably calculated "manner"
2) Notice must reasonably convey the required information - "content"
3) Notice must afford reasonable time for interested parties to make
their appearance.
5. Actual Notice: mailing, handing to the individual
6. Constructive Notice: posting in a local newspaper, posting notice on
property 7. Due Process under the 14th Amendment: Is triggered
when being deprived of life, liberty, or property are threatened, that
person is required to receive notice and afforded an opportunity for
hearing
8. "But in any event, we think that the requirements of the
Fourteenth Amendment to the Federal Constitution do not
depend upon a classification for which the standards are so
elusive and confused generally and which, being primarily for
state courts to define, may and do vary from state to state." (pg.
240): The distinction between in rem and in personam is not
relevant to due process of notice.
9. "A construction of the Due Process Clause which would
place impossible or impractical obstacles in the way could not be
, CIVIL PROCEDURE REVISION GUIDE
QUESTIONS WITH ANSWERS PROVIDED FOR
EXAM PREPARATION
justified. Against this interest of the State, we must balance the
individual interest sought to be protected by the Fourteenth
Amendment." (pg. 241): The Supreme Court creates a balancing
test: state interests vs. individual interest.
10. States Interest: Has an interest in notifying its citizens of pending
litigation; Due Process does not require them to undergo impossible or
impractical obstacles.
1 1. Individual Interest: Is protected by the 14th Amendment which
affords them the opportunity to be heard.
12. "The court has not committed itself to any formula
achieving a balance between these interests in a particular
proceeding or determining when constructive notice may be
utilized or what test it must meet." (pg. 241): The Supreme Court
will not commit itself to a formula and will rule by what is
reasonable in those circumstances.
13. Accordingly, we overrule appellant's constitutional objection
to published notice insofar as it is urged on behalf of any
beneficiaries whose interests
or addresses are unknown to the trustee. (pg. 244): The objection from
Mullane about the notice by publication is overruled as it related to the
unknown beneficiaries.
14. As to known present beneficiaries of known place of
residence, however, notice by publication stands on different
footing. Exceptions in the name of necessity do not sweep away
the rule that within the limits of practicability notice must be
such as is reasonably calculated to reach interest parties. (pg.
244): The Supreme Court said for the known beneficiaries that
you have addresses and already contacted, newspaper
publication is not sufficient and actual notice is
necessary.
