service


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Service

Any duty or labor performed for another person.

The delivery of a legal document that notifies the recipient of the commencement of a legal action or proceeding in which he or she is involved.

The term service has various meanings, depending upon the context of the word.

Under feudal law, tenants had a duty to render service to their lords in exchange for use of the land. The service required could take many forms: monetary payments, farm products, loyalty, attendance upon the lord as an armed horseman, carrying the king's banner, providing a sword or a lance, or plowing or other farm labor done for the king.

In contract law, service refers to an act or deed, rather than property. It is a duty or labor done by a laborer under the direction and control of the one for whom the service is performed. The term implies that the recipient of the service selects and compensates the laborer. It is the occupation, condition, or status of being a servant and often describes every kind of employment relationship. In addition, service may be used to denote employment for the government, as in the terms civil service, military service or the armed service, or public service.

In the area of domestic relations, the term refers to the uncompensated work, guidance, and upkeep an injured or deceased family member previously provided for the family; the injury or death of the provider of these services means that the work will have to be obtained from another source and at a price. In this context the term traditionally was restricted to the "services" of a wife under the theory that the husband's duty was to provide support and the wife's duty was to provide service. After injury to his wife, a husband could bring an action on his own behalf against the responsible party for compensation of the loss of her aid, assistance, comfort, and society. The modern view holds that a wife may also sue for the loss of assistance and society of her husband.

Service also means the delivery of a writ, summons and complaint, criminal summons, or other notice or order by an authorized server upon another. Proper service thereby provides official notification that a legal action or proceeding against an individual has been commenced.

Cross-references

Feudalism; Service of Process.

service

n. 1) paid work by another person, either by contract or as an employee. "Personal services" is work that is either unique (such as an artist or actor) or based on a person's particular relationship to employer (such as a butler, nanny, traveling companion or live-in health care giver). 2) the domestic activities of a wife, including the marital relationship (consortium), are legally considered "services" for which a deprived husband may sue a person who has caused injury to his wife. 3) the official delivery of legal documents ("service of process") such as a summons, subpena, complaint, order to show cause (order to appear to show reasons why a judge should not make a particular order), writ (court order), or notice to quit the premises, as well as delivery by mail or in person of documents to opposing attorneys or parties, such as answers, motions, points and authorities, demands and responses. (See: employment, personal services, loss of consortium, service of process)

service

(Assistance), noun abetment, advice, aid, attendance, backing, benefit, care, favor, guidance, help, helping hand, ministerium, ministration, opera, relief, succor, support, useful office, usefulness
Associated concepts: essential service, professional service, public service, service contract, service mark

service

(Delivery of legal process), noun commenceeent of an action, delivery of a writ, delivery of process, handing over legal papers, institution of proceedings, notiiication of legal action
Associated concepts: actual service of process, constructive service of process, personal service, service by mail, servvce by publication, service of notice, service of subpoena, service of summons, service rendered, special service, subbtituted service of process
See also: adhesion, agency, aid, avail, benevolence, bureaucracy, employment, fix, help, homage, loyalty, maintain, maintenance, office, post, profit, promotion, purpose, repair, reparation, servitude, sustain, upkeep, usage, use, utility, worth

SERVICE, contracts. The being employed to serve another.
     2. In cases of seduction, the gist of the action is not injury which the seducer has inflicted on the parent by destroying his peace of mind, and the reputation of his child, but for the consequent inability to perform those services for which she was accountable to her master or her parent who assumes this character for the purpose Vide Seduction, and 2 Mees. & W. 539; 7 Car. & P. 528.

SERVICE, feudal law. That duty which the tenant owes to his lord, by reason of his fee or estate.
     2. The services, in respect of their quality, were either free or base, and in respect of their quantity and the time of exacting them, were either certain or uncertain. 2 Bl. Com. 62.
     3. In the civil law by service is sometimes understood servitude. (q.v.)

SERVICE, practice. To execute a writ or process; as, to serve a writ of capias signifies to arrest a defendant under the process; Kirby, 48; 2 Aik. R. 338; 11 Mass. 181; to serve a summons, is to deliver a copy of it at the house of the party, or to deliver it to him personally, or to read it to him; notices and other papers are served by delivering the same at the house of the party, or to him in person.
     2. When the service of a writ is prevented by the act of the party on whom it is to be served, it will, in general, be sufficient if the officer do everything in his power to serve it. 39 Eng. C. L. R. 431 1 M. & G. 238.

References in classic literature ?
That puzzled me much; but, however, I explained myself negatively, that it was one that did not go to service, to do housework.
I did not understand anything of that; but I answered, 'I am sure they call her madam, and she does not go to service nor do housework'; and therefore I insisted that she was a gentlewoman, and I would be such a gentlewoman as that.
By such and many other allurements a larger idea of telephone service was given to the public mind; until in 1909 at least eighteen thousand New York-Chicago conversa- tions were held, and the revenue from strictly long-distance messages was twenty-two thousand dollars a day.
It is the utmost degree of service that the telephone has been required to give in any city.
The Judges, both of the supreme and inferior Courts, shall hold their Offices during good behavior, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
Oppression sat heavily upon them; the lightness of their natures had ebbed out of them; they were slack and absent- minded in their service, and they whispered gloomily to one another in the far end of the car next to the kitchen.
Hartman and I agreed that it was useless to report ourselves to the local chiefs of the secret service.
After having well beaten him, he forbade him to leave his service without his permission.
Upon this promise D'Artagnan withdrew, and the next day he began service.
But all these forms, though they were not altogether without later influence, were very minor affairs, and the real drama of the Middle Ages grew up, without design and by the mere nature of things, from the regular services of the Church.
I merely wish to say that I do not feel it consistent with my duty to Lady Glyde and to myself to remain any longer in your service.
I told his majesty, "that I was come according to my promise, and with the license of the emperor my master, to have the honour of seeing so mighty a monarch, and to offer him any service in my power, consistent with my duty to my own prince;" not mentioning a word of my disgrace, because I had hitherto no regular information of it, and might suppose myself wholly ignorant of any such design; neither could I reasonably conceive that the emperor would discover the secret, while I was out of his power; wherein, however, it soon appeared I was deceived.