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Notice

Quiz yourself by thinking what should be in each of the black spaces below before clicking on it to display the answer.
        Help!  

Question
Answer
Mullane (Notice) (Constitutional Aspect)   SOP "reasonably calculated" under all circumstances to reach the parties to inform them of the action and afford them an opportunity to present their objections  
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Notice via Public "OK" When...   1. suit in interest of absentees 2. adequate representation 3. value of indiv. interest not too great  
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Notification by FirstClass mail required when...   names/address readily available  
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National Dev. Co. (Notice) (Statutory Aspect)   FCRP 4: 1. personal ; 2. @ dwelling house or usual place of adobe w/ person of suitable age & discretion that resides there; 3. agent  
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Gumprez   fraud may be used to "flush out an evading D already w/in forum  
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Waiver of SOP [FCRP 4(d)]   D can waive; 60 days to respond after P sends waiver form (vs. 20 days after formal SOP on D)  
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SOP on Corp./Assoc. [FCRP 4(h)(1)]   Officers; Managing/general Agent; Agent auth. by appt. or law to receive SOP  
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Special Appearance   allows D to appear to contest PJ only. If D bring up anything else = general appearance. Fed. Ct. does NOT have special appearance (it has 12(b) motions).  
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FCRP 12(b) Defenses   1. Lack of SMJ; 2. Lack of PJ; 3. Improper Venue; 4. Insufficient process; 5. Insufficient SOP; 6. Failure to State Claim; 7. Failure to join Rule 19 party  
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Waivable FCRP 12(b) Defenses   PJ, Venue, Process, Insufficient SOP - must be assert by motion (w/ or w/o other defenses) or answer  
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Direct & Collateral Attacks   Direct: participate in suit Collateral: attack enforcement of judgment; can't relitigate merits of case though  
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