Ad litem
Encyclopedia
Ad litem is a term used in law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...

 to refer to a party appointed by a court to act in a lawsuit on behalf of another party—for instance, 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 a guardian ad litem; in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...

 the equivalent is a curator ad litem
Curator ad litem
Curators ad litem are legal representatives, usually solicitors, who are appointed by court in Scotland, when the court believes that the person lacks the mental capacity to make decisions for themselves. The curator ad litem represents the person in court, making decisions in the person's interests...

. This term is no longer used in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...

 since the amendment of the Children Act 1989
Children Act 1989
The Children Act 1989 is a British Act of Parliament that altered the law in regard to children. In particular, it introduced the notion of parental responsibility. Later laws amended certain parts of the Children Act...

, which established the role of children's guardian instead (to be more accurate the term Guardian Ad Litem is still used in Private Law proceedings under rule 9.5 but only here). The United States Legal System, which is directly influenced by the English legal system, continues to use the terms guardian ad litem[2] and attorney ad litem.

The term is also used in property litigation, where a person may be appointed to act on behalf of an estate
Estate (law)
An estate is the net worth of a person at any point in time. It is the sum of a person's assets - legal rights, interests and entitlements to property of any kind - less all liabilities at that time. The issue is of special legal significance on a question of bankruptcy and death of the person...

 in court proceedings, when the estate's proper representatives are unable or unwilling to act.

The term is also sometimes used to refer to a judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...

 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. This is more commonly called a judge ad hoc
Ad hoc
Ad hoc is a Latin phrase meaning "for this". It generally signifies a solution designed for a specific problem or task, non-generalizable, and not intended to be able to be adapted to other purposes. Compare A priori....

. It is particularly common in international court
International court
International courts are formed by treaties between nations, or under the authority of an international organization such as the United Nations — this includes ad hoc tribunals and permanent institutions, but excludes any courts arising purely under national authority.Early examples of...

s, and is rarer elsewhere.

The Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...

term translates literally as "for the suit"[1] or "for the proceeding".
The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
x
OK