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Ad litem

From Wikipedia, the free encyclopedia
Term used in law

Ad litem (Latin: "for the suit"[1]) is a term used inlaw to refer to the appointment by a court of one party to act in a lawsuit on behalf of another party such as a child or an incapacitated adult, who is deemed incapable of representing him or herself. An individual who acts in this capacity is generally called aguardianad litem in such legal proceedings;in Scotland,curatorad litem is the equivalent term.In England and Wales, since the amendment of theChildren Act 1989 established the role of children's guardian, the term is now used only in the term "guardianad litem" inPrivate Law proceedings under rule 9.5. TheUnited States legal system, which at its inception was based on the English legal system, continues to use the terms "guardianad litem"[2] and "attorneyad litem". The legal system in the Republic of Ireland also uses the term guardianad litem.

The term is also used in propertylitigation, where a person may be appointed to act on behalf of anestate in court proceedings, when the estate's proper representatives are unable or unwilling to act.

The term is also sometimes used to refer to ajudge who participates in only a particular case or a limited set of cases and does not have the same status as the other judges of the court. Such a jurist is more commonly called a judgead hoc. Judgesad hoc are particularly common ininternational courts, and are fewer in number elsewhere.

The Latin term (ād lītem) translates literally as "for the suit"[2] or "for the proceeding".

See also

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Citations

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  1. ^Garner 2004, p. 37
  2. ^abGarner 2004, p. 586

References

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IUS

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