GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW) | ||||||
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08:43 Mar 5, 2005 |
English language (monolingual) [PRO] Law/Patents - Law (general) / litigation | |||||
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| Selected response from: Deborah do Carmo Portugal Local time: 23:56 | ||||
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SUMMARY OF ALL EXPLANATIONS PROVIDED | ||||
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5 +1 | definition below |
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4 | guardian ad litem (next friend) |
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3 | Webster's Dictionary of Law says |
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Discussion entries: 9 | |
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definition below Explanation: next friend A person, usually a relative, who appears in court on behalf of a minor or incompetent plaintiff, but who is not a party to the lawsuit. For example, children are often represented in court by their parents as "next friends." -------------------------------------------------- Note added at 5 mins (2005-03-05 08:49:18 GMT) -------------------------------------------------- incompetent plantiff here would mean someone with diminished capacity - e.g. becasue of a mental condition In your case, a minor the next friend will be the parents or otherwise appointed legal guardian. Minors have no capacity to act in law and therefore have to be accompanied/represented by their legal guardian. -------------------------------------------------- Note added at 6 mins (2005-03-05 08:50:31 GMT) -------------------------------------------------- www.nolo.com/definition.cfm/Term/ 6F3701FD-D954-47DC-8BB6EACEB387631D/alpha/N/ - -------------------------------------------------- Note added at 7 mins (2005-03-05 08:51:45 GMT) -------------------------------------------------- Other definition, different wording but same concept: NEXT FRIEND - One who, without being regularly appointed guardian, acts for the benefit of an infant, married woman, or other person, not sui juris. --b-- -------------------------------------------------- Note added at 8 mins (2005-03-05 08:52:15 GMT) -------------------------------------------------- www.lectlaw.com/def2/n055.htm - 4k -------------------------------------------------- Note added at 9 mins (2005-03-05 08:53:36 GMT) -------------------------------------------------- This definition is however saying that the representative doesn\'t have to be the legal guardian in the case of a minor - that would then only be when the legal guardian is not available for some reason -------------------------------------------------- Note added at 10 mins (2005-03-05 08:54:06 GMT) -------------------------------------------------- Hope this helps - have a good weekend. |
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Webster's Dictionary of Law says Explanation: "a person appearing in, or appointed by the court to act on behalf of a person (as a child) lacking legal capacity" -------------------------------------------------- Note added at 1 hr 54 mins (2005-03-05 10:38:37 GMT) -------------------------------------------------- OED = \"nearest friend or relative. In later use spec. in Law.\" -------------------------------------------------- Note added at 1 hr 55 mins (2005-03-05 10:39:15 GMT) -------------------------------------------------- Webster Unabridged = \" a person that is admitted to or appointed by a court as a special guardian to act for the benefit of an infant, a married woman, or any person not sui juris (as in a suit at law) : PROCHEIN AMI, GUARDIAN AD LITEM\" |
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guardian ad litem (next friend) Explanation: a person ( often a realtive ) who voluntary helps a minor or incompetent in legal matters, particularly by filing a lawsuit. However, this informal practice has been supplanted in almost all states by petitions for appointment of a gurdian ad litem at the time the lawsuit is filed. (See: guardianad ad litem ) From: The People's Law Dictionary by Gerald N. Hill 2002 Guardian ad litem: a person apointed by the court only to take legal action on behalf of a minor or an adult not able to handle his/her own affairs. Duties may include filing a lawsuit for an injured child, defending a lawsuit or filing a claim against an estate. Usually a parent will file a petition to be apointed the guardian ad litem of a child hurt in an accident at the same time the lawsuit is filed. See: ad litem ) ad litem adj. legal Latin meaning "for the purposes of the legal action only". ...... From the same book. |
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