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http://legal-dictionary.thefreedictionary.com/Service+of+Process

Service of Process

Process is the general term for the legal document by which a lawsuit is started

and the court asserts its jurisdiction over the parties and the controversy. In modern U.S.

law, process is usually a summons. A summons is a paper that tells a defendant that he is

being sued in a specific court that the plaintiff believes has jurisdiction. Served with the

summons is a complaint that contains the plaintiff's allegations of wrongdoing by the

defendant and the legal remedy sought by the plaintiff. he summons also informs the

defendant that he has a specified number of days under law to respond to the summons

and complaint. If the defendant does not respond, the plaintiff may see! a default judgment from the court, granting the plaintiff the legal relief specified in the complaint.

Rules of Civil Procedure and Criminal Procedure determine the proper form of legal

process and how it should be served. The rules vary among federal and state courts, but they are

meant to give the defendant notice of the proceedings and to command him to either respond to

the allegations or to appear at a specified time and answer the claim or criminal charge. The

concept of notice is critical to the integrity of legal proceedings. DUE PR CE!! forbids legal action

against a person unless the person has been given notice and an opportunity to be heard.

Process must be properly served on all parties in an action. "nyone who is not served is

not bound by the decision in the case. " person who believes that proper service has not ta#en

place may generally challenge the service without actually ma#ing a formal appearance in the

case.

$hether service was proper is usually determined at a pretrial hearing. " defendant must

re%uest a special appearance before the court. " special appearance is made for the limited

purpose of challenging the sufficiency of the service of process or the Personal &urisdiction of the

court. 'o other issues may be raised without the proceeding becoming a general appearance.

The court must then determine whether it has (urisdiction over the defendant.

http://legal-dictionary.thefreedictionary.com/Service+of+Processhttp://legal-dictionary.thefreedictionary.com/Civil+Procedurehttp://legal-dictionary.thefreedictionary.com/Criminal+Procedurehttp://legal-dictionary.thefreedictionary.com/Personal+Jurisdictionhttp://legal-dictionary.thefreedictionary.com/Service+of+Processhttp://legal-dictionary.thefreedictionary.com/Civil+Procedurehttp://legal-dictionary.thefreedictionary.com/Criminal+Procedurehttp://legal-dictionary.thefreedictionary.com/Personal+Jurisdiction

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Methods of Service

hree basic methods are used for service of process" #$% actual, or personal,

service, #&% substituted service, and # % service by publication. Although each method is

legally acceptable, Personal Service is preferred because it is the most effective way of

providing notice and it is difficult for the defendant to attac! its legality.Personal service

means in(hand delivery of the papers to the proper person. raditionally personal service

was the only method of service allowed by law because it was best suited to give the

defendant notice of the proceedings.

Substituted service is any method used instead of personal service. )orms of

substituted service vary among different jurisdictions, but all are intended to offer a goodchance that the defendant actually will find out about the proceedings. If a defendant is

not at home, many states permit service by leaving the summons and complaint with any

person at the defendant's home who is old enough to understand the responsibility of

accepting service. Some states permit service by affi*ing the summons and complaint to

the entrance of the defendant's home or place of business and then mailing a copy of the

papers to that individual at his last !nown address. his method is often called +nail and

mail+ service. A number of states allow service simply by mailing the papers to the

defendant's actual address registered mail is generally re-uired. States also consider

service valid if the defendant's property is attached, or legally sei ed, within the state and

the papers are then mailed to him.

Under the laws of some states, substituted service may be used only after diligent

efforts to effect personal service have failed. Some forms of substituted service may have

to be tried before others can be used. /ther states permit substituted service at any time

or after a single attempt to find the defendant and serve the papers personally.

A third method of service is publication of a notice in a newspaper. Publication is

also called constructive service because the court construes it to be effective whether the

defendant actually reads the notice or not. 0enerally, service by publication is allowed

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only by leave of the court, which usually grants permission only when the plaintiff can

show that no other method of service can be effected. Usually the legal notice must be

published in at least one newspaper of general circulation where the defendant is li!ely to

be found or where the court is located, or in both places. /rdinarily the notice must be

published on more than one occasion, such as once a wee! for three wee!s.

In truth, courts reali e that defendants rarely read notices published in

newspapers, but the effort must be made when the defendant cannot be found and served

in any other way. Plaintiffs prefer not to use publication because it is e*pensive and a

court might later find that the defendant could have been served personally.

service of process

he delivery of copies of legal documents such as summons, complaint, subpena,order to show cause #order to appear and argue against a proposed order%, writs, notice to

-uit the premises, and certain other documents, usually by personal delivery to the

defendant or other person to whom the documents are directed. So(called +Substituted

Service+ can be accomplished by leaving the documents with an adult resident of a home,

with an employee with management duties at a business office, or with a designated

+agent for acceptance of service+ #often with name and address filed with the state's

Secretary of State%, or, in some cases, by posting in a prominent place followed by

mailing copies by certified mail to the opposing party. In certain cases of absent or

un!nown defendants, the court will allow service by publication in a newspaper. /nce all

parties have filed a complaint, answer, or any pleading in a lawsuit, further documents

usually can be served by mail or even )A1.

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http://its.ucsc.edu/itsm/servicedef.html

Service Definition Process

IN !"D#$ I"N

Service definition is !ey to service management. Service definition enables both

the customer and the service provider to !now what to e*pect and not e*pect from a

service. 2learly defined services enable customers to understand service offerings,

including what each service does and does not include, eligibility, service limitations,

cost, how to re-uest services, and how to get help. A well(defined service also identifies

internal processes necessary to provide and support the service.

http"33en.wi!ipedia.org3wi!i3Service4of4process

Service of process is the procedure by which a party to a lawsuit gives an

appropriate notice of initial legal action to another party #such as a defendant%, court, or

administrative body in an effort to e*ercise jurisdiction over that person so as to enable

that person to respond to the proceeding before the court, body, or other tribunal.

http://%%%.&usinessdictionary.com/definition/container-service-charge.html

$ontainer Service $harge

A fee charged by shipping terminals for the storage and positioning of containers.

he charge includes handling, stac!ing and crane services

http://%%%.speedycargo.com/resource-center/fcl-lcl-cy-and-cfs/

'$( versus ($(

he word carload relates to the rail car. he )25 and 525 are differentiated, in practice,

on whether the 6whole container7 or 6not the whole container7 is intended for the

consignee.

http://its.ucsc.edu/itsm/servicedef.htmlhttp://en.wikipedia.org/wiki/Service_of_processhttp://www.businessdictionary.com/definition/container-service-charge.htmlhttp://www.speedycargo.com/resource-center/fcl-lcl-cy-and-cfs/http://its.ucsc.edu/itsm/servicedef.htmlhttp://en.wikipedia.org/wiki/Service_of_processhttp://www.businessdictionary.com/definition/container-service-charge.htmlhttp://www.speedycargo.com/resource-center/fcl-lcl-cy-and-cfs/

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he )25 means the load reaches its allowable ma*imum #or full% weight or

measurement. In practice, however, the )25 in the ocean freight does not always mean

pac!ing a container to its full payload or full capacity. )or e*ample, an e*porter boo!s a

&89 container that is intended for a consignee at )25 flat rate of US:$,;88. If the

consignment occupies ;88 cu. ft. and weighs ;,888 !gs. only, the case is still )25 and the

e*porter has to pay US:$,;88.

If an e*porter intends to pac! a container to the full capacity or full payload with the

consignments of two or more consignees for the same destination, the case is 525 and

the carrier will charge the 525 freight rate on each consignment. In the 525

arrangement, the shipper is re-uired to deliver the cargo to the carrier7s container freightstation for containeri ation, thus there is no guarantee that the two or more consignments

from the same e*porter will share the same container. In some cases, the e*porter is

allowed to pac! the container at their premises in the 525 arrangement, and then the

carrier uses that same container to pac! in more cargo from other shipper#s% to ma!e a

full container load at the container freight station.

$) versus $'S

he 2< and 2)S apply to the manner and the location of the cargo delivery and receipt

in a container service. he 2< is the delivery #or receipt% of a whole container from #or

at% the shipper7s or the forwarder7s #or the consignee7s% cargo yard or premises. he 2)S

is the delivery #or receipt% of loose cargo from #or at% the carrier7s container freight

station.

he container freight station #2)S% is operated by the carrier for the receipt, forwarding,

and assembling or disassembling of cargo. =ormally, the container freight station is a

customs clearance center.

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he 2)S service may be necessary under any of the following circumstances"

he !ind of cargo and -uantity of order does not warrant the use of the whole

container.

he shipper7s or the consignee7s premises are inaccessible by container due to

poor road conditions #e.g. narrow road% and location #e.g. remote area not served

by container%.

he overall load of vehicle e*ceeds the legal limitation.

he shipper or the consignee lac!s the necessary container loading or unloading

e-uipment.

Modes of $) and $'S $ontainer Services

$)/$) $ontainer Service

he 2broadly means that the whole container received by

the carrier is pac!ed at the shipper7s or the forwarder7s premises, and the delivery of that

same whole container to the consignee7s premises.

In a related term door(to(door service, which is often used in the cargo forwarding and

may involve the 525, refers to a type of freight service available from a forwarder

whereby the cargo is pic!ed up at the consignor7s premises and delivered to the

consignee7s premises.

$)/$'S $ontainer Servicehe 2door(to(port container service>

broadly means that the whole container received by the carrier is pac!ed at the shipper7s

or the forwarder7s premises, and that same whole container is emptied at the carrier7s

container freight station at the port of destination. he consignee arranges the delivery of

the loose cargo from the container freight station to his3her premises

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$'S/$) $ontainer Service

he 2)S32< #read as 62)S to 2port(to(door container service>

broadly means that the delivery of the loose cargo to the carrier7s container freight station

at the port of origin is pac!ed into the whole container, and the delivery of that same

whole container to the consignee7s premises.

$'S/$'S $ontainer Service

he 2)S32)S #read as 62)S to 2)S7% container service>port(to(port container service or

pier(to(pier container service>broadly means that the delivery of the loose cargo to thecarrier7s container freight station at the port of origin is pac!ed into the whole container,

and that same whole container is emptied at the carrier7s container freight station at the

port of destination. he consignee arranges the delivery of the loose cargo from the

container freight station to his3her premises.

http"33www.law.cornell.edu3cfr3te*t3?@3 ?8.&

$ontainer means any type of container for intermodal surface movement

that is &8 feet in length or longer, feet wide, and of any height, including

speciali ed containers, with International Standards /rgani ation standard

fittings.

$ontainer service means the intermodal movement, which includes an

ocean movement leg, of goods in containers.

$ontainer service operator means a vessel operator #defined in B?8.v%% that provides containeri ed ocean shipping service.

http://www.law.cornell.edu/cfr/text/46/340.2http://www.law.cornell.edu/cfr/text/46/340.2

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http://%%%.oocl.com/eng/ourservices/eservices/tariffandrates/glo&alrule/Pages/rule*

.asp,

$"N IN ! ) !D $)0:

he term +2ontainer

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$'S ! $ I3IN1 S !3I$ S:

he term +2)S Eeceiving Services+ means the services performed at loading port

in receiving and pac!ing cargo into containers at 2)S and transporting such containers

from 2)S to 2< or shipside. +2)S Eeceiving Services+ referred herein are restricted to

the following"

$% Coving empty containers from 2< to 2)S

&% Drayage of loaded containers from 2)S to 2< and3or Ship's tac!le

% allying?% Issuing doc! receipt3shipping order

;% Physical movement of cargo into, out of and within 2)S

@% Stuffing, sealing and mar!ing, containers

G% Storage ( #=ot applicable to aiwan%

% /rdinary sorting and stac!ing

H% Preparing carrier's internal container load plan

=othing above is to be construed to prohibit carriers at shippers re-uest from

stowing cargo in containers in such a manner as to attempt to facilitate 2< delivery at

designations of all or part of the cargo therein nor to preclude carrier from supplying

cargo interest relevant information re the cargo stowed in each container.

)or both 2< and 2)S origin cargo, the cost for providing arpaulins and lashing

gear for )lat Eac! and Platform. op containers shall be for account for cargo.

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! :

Ceans the tariff rate including terms and conditions filed in A )I providing a

specified level of transporation service for a stated cargo -uantity, from origin to

destination, on or after a stated effective date or within a defined time frame.

! 4 SIS:

Ceans the method used for filing a tariff rate. A rate basis may be e*pressed as

eight # %, Ceasure #C%, eight or Ceasure # 3C% Per 2ontainer #P2%, Jach#JA%,

Ad Kalorem #L%, etc. for determining the -uantity of freight tendered and may include a

minimum weight or -uantity re-uirement.

http"33en.wi!ipedia.org3wi!i3Ceans4of4labor

Means of la&or is a concept in Car*ist political economy that refers to +all those

things with the aid of which man acts upon the subject of his labor, and transforms it.+

#Institute of Jconomics of the Academy of Sciences of the U.S.S.E., $H;G% Ceans of

labor include tools and machinery #the +instruments of production+%, as well as buildings

and land used for production purposes and infrastructure li!e roads and communications

networ!s and so forth.

he means of labor are one of three basic factors of the production process #Car*,

$H@G, p $G?%, along with human labor, and the subject of labor #the material wor!ed on%.

In some formulations, the means of labor and human labor #including the activity

itself, as well as the s!ills and !nowledge brought to the production process% comprise the

productive forces of society #e.g., Sheptulin, $HG %, other formulations define productive

forces more narrowly as the union of instruments of production and the wor!ers who

wield them #e.g., Institute of Jconomics, $H;G%.

http://en.wikipedia.org/wiki/Means_of_laborhttp://en.wikipedia.org/wiki/Means_of_labor

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http"33!alyan(city.blogspot.com3&8$83$$3what(is(labour(and(labourer(meaning(and.html

(a&our

5abour is an ability to wor!. 5abour is a broad concept because it includes both

physical and mental labour #as per above picture%. 5abour is a primary or human factor of

production. It indicates human resource. 5abourer is a person who owns labour. So

labourer means wor!er. It is a person engaged in some wor!.

http"33www.thefreedictionary.com3manpowerMmanagement

manpo%er management

he means of manpower control to ensure the most efficient and economical use

of available manpower

http"33www.thefreedictionary.com3manpowerMmanagementMsurvey

manpo%er management survey

Systematic evaluation of a functional area, utili ing e*pert !nowledge, manpower

scaling guides, e*perience, and other practical considerations in determining the validity

and managerial efficiency of the function's present or proposed manpower establishment.

http"33www.thefreedictionary.com3manpowerMplanning

manpo%er planning

#Nusiness 3 Industrial Eelations O E erms% a procedure used in organi ations to

balance future re-uirements for all levels of employee with the availability of such

employees

http://kalyan-city.blogspot.com/2010/11/what-is-labour-and-labourer-meaning-and.htmlhttp://www.thefreedictionary.com/manpower+managementhttp://www.thefreedictionary.com/manpower+management+surveyhttp://www.thefreedictionary.com/manpower+planninghttp://kalyan-city.blogspot.com/2010/11/what-is-labour-and-labourer-meaning-and.htmlhttp://www.thefreedictionary.com/manpower+managementhttp://www.thefreedictionary.com/manpower+management+surveyhttp://www.thefreedictionary.com/manpower+planning

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http://%%%.&usinessdictionary.com/definition/manpo%er.html

manpo%er

. 0eneral" otal supply of personnel available or engaged for a specific job or

tas!.

&. Jconomics" otal labor force of a nation, including both men and women. If there are

more people than available jobs, it is called manpower surplus if available people are

fewer than jobs, it is called manpower deficit.

http"33wi!i.answers.com3Q3 hat4is4manpower4controls5hat is manpo%er controls6

ns%er "Canpower controls are the decisions made by the government and

government bodies concerning where and how people wor!. During orld ar wo the

5abor government introduced Canpower 2ontrols in Ranuary $H?& in order to direct

wor!ers to the areas which needed increased production because of the war effort

http"33www.allinterview.com3showanswers3G&8@8.html

5hat do you mean &y Manpo%er Management6 5hat process involved in

manpo%er management

ns%er

he process where by individuals or persons are put to ta!e part in the active

running of a particular organisation or company or tas!, in which at the end of the tas!

there are benefits for both the person involved in the tas! and the organisation. while

manpower management is the actual utilisation of man in the pursit of a particular goal or

objective, whereby such individual does not stray away from the focus or said target.

http://www.businessdictionary.com/definition/manpower.htmlhttp://wiki.answers.com/Q/What_is_manpower_controlshttp://www.allinterview.com/showanswers/72060.htmlhttp://www.businessdictionary.com/definition/manpower.htmlhttp://wiki.answers.com/Q/What_is_manpower_controlshttp://www.allinterview.com/showanswers/72060.html