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Curator Ad Litem
A curator ''ad litem'' is a legal representative in Scots law and Roman-Dutch law appointed by a court to represent, during legal proceedings, the best interests of a person who lacks the mental capacity to make decisions for themselves. A curator may be appointed for a child or for a person who is mentally or physically incapacitated. The corresponding office in English common law is that of guardian ''ad litem''. The difference between a curator ''ad litem'' and an ordinary legal representative is that the curator does not have to follow the client's instructions, but must independently act in their best interest. In Scotland curators ''ad litem'' are usually solicitors; in South Africa they are usually advocates. See also *Ad litem *Legal guardian *Guardian ad litem *Curator bonis In Scots law, Scots and Roman-Dutch law, Roman-Dutch laws, a ''curator bonis'' is a legal representative appointed by a court to manage the finances, property, or estate of another person unable to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ad Litem
''Ad litem'' (Latin: "for the suit") is a term used in law 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 themself. An individual who acts in this capacity is generally called a guardian ''ad litem'' in such legal proceedings; in Scotland, curator ''ad litem'' is the equivalent term. In England and Wales, since the amendment of the Children Act 1989 established the role of children's guardian, the term is now used only in the term "guardian ''ad litem'' in Private Law proceedings under rule 9.5. The United States legal system, which at its inception was based on the English legal system, continues to use the terms "guardian ''ad litem'' and "attorney ''ad litem''. The legal system in the Republic of Ireland also uses the term guardian ''ad litem''. The term is also used in property litigation, where a person may be appointed to act on behalf ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scots Law
Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland law, it is one of the three legal systems of the United Kingdom.Stair, General Legal Concepts (Reissue), para. 4 (Online) Retrieved 2011-11-29 Early Scots law before the 12th century consisted of the different legal traditions of the various cultural groups who inhabited the country at the time, the Gaels in most of the country, with the Britons and Anglo-Saxons in some districts south of the Forth and with the Norse in the islands and north of the River Oykel. The introduction of feudalism from the 12th century and the expansion of the Kingdom of Scotland established the modern roots of Scots law, which was gradually influenced by other, especially Anglo-Norman and continental legal traditions. Although there was some indirect Roman la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roman-Dutch Law
Roman-Dutch law (Dutch: ''Rooms-Hollands recht'', Afrikaans: ''Romeins-Hollandse reg'') is an uncodified, scholarship-driven, and judge-made legal system based on Roman law as applied in the Netherlands in the 17th and 18th centuries. As such, it is a variety of the European continental civil law or ''ius commune''. While Roman-Dutch law was superseded by Napoleonic codal law in the Netherlands proper as early as the beginning of the 19th century, the legal practices and principles of the Roman-Dutch system are still applied actively and passively by the courts in countries that were part of the Dutch colonial empire, or countries which are influenced by former Dutch colonies: Guyana, South Africa (and its neighbours Botswana, Lesotho, Namibia, Eswatini (formerly Swaziland), and Zimbabwe), Sri Lanka, Indonesia, Suriname, and the formerly Indonesian-occupied East Timor. It also heavily influenced Scots law. It also had some minor impact on the laws of the American state of New Yo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Legal Information Institute
The Southern African Legal Information Institute (SAFLII) is the largest online free-access collection of legislation and case law from South Africa and other jurisdictions in the South African region. SAFLII was formally created in 2002 as a joint project between the Australasian Legal Information Institute (AustLII) and the University of Witwatersrand (Wits) in Johannesburg, South Africa. In 2006 the South African Constitutional Court Trust assumed ownership of the project. The website at the time of this transition carried approximately 700 judgments from South Africa and Namibia. SAFLII is currently in operation from within the Department of Public Law at the University of Cape Town and has been there from December 2013. SAFLII became a member of the Free Access to Law Movement The Free Access to Law Movement (FALM) is the international movement and organization devoted to providing free online access to legal information such as case law, legislation, treaties, law ref ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Common Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common law o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Guardian Ad Litem
A legal guardian is a person who has been appointed by a court or otherwise has the legal authority (and the corresponding duty) to make decisions relevant to the personal and property interests of another person who is deemed incompetent, called a ward. For example, a legal guardian might be granted the authority to make decisions regarding a ward’s housing or medical care or manage the ward’s finances. Guardianship is most appropriate when an alleged ward is functionally incapacitated, meaning they have a lagging skill critical to performing certain tasks, such as making important life decisions. Guardianship intends to serve as a safeguard to protect the ward. Anyone can petition for a guardianship hearing if they believe another individual cannot make rational decisions on their own behalf. In a guardianship hearing, a judge ultimately decides whether guardianship is appropriate and, if so, will appoint a guardian. Guardians are typically used in four situations: guardia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Solicitor
A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such. For example, in England and Wales a solicitor is admitted to practise under the provisions of the Solicitors Act 1974. With some exceptions, practising solicitors must possess a practising certificate. There are many more solicitors than barristers in England; they undertake the general aspects of giving legal advice and conducting legal proceedings. In the jurisdictions of England and Wales and in Northern Ireland, in the Australian states of New South Wales, Victoria, and Queensland, Hong Kong, South Africa (where they are called '' attorneys'') and the Republic of Ireland, the legal profession is split between solicitors and barristers (called ''advocates'' in some countries, for example Scotland), ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Advocate
An advocate is a professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However, in Scottish, Manx, South African, Italian, French, Spanish, Portuguese, Scandinavian, Polish, Israeli, South Asian and South American jurisdictions, "Advocate" indicates a lawyer of superior classification. "Advocate" is in some languages an honorific for lawyers, such as " Adv. Sir Alberico Gentili". "Advocate" also has the everyday meaning of speaking out to help someone else, such as patient advocacy or the support expected from an elected politician; this article does not cover those senses. Europe United Kingdom and Crown dependencies England and Wales In England and Wales, Advocates and proctors practiced civil law in the Admiralty Courts and also, but in England only, in the ecclesiastical courts of the Church of England, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ad Litem
''Ad litem'' (Latin: "for the suit") is a term used in law 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 themself. An individual who acts in this capacity is generally called a guardian ''ad litem'' in such legal proceedings; in Scotland, curator ''ad litem'' is the equivalent term. In England and Wales, since the amendment of the Children Act 1989 established the role of children's guardian, the term is now used only in the term "guardian ''ad litem'' in Private Law proceedings under rule 9.5. The United States legal system, which at its inception was based on the English legal system, continues to use the terms "guardian ''ad litem'' and "attorney ''ad litem''. The legal system in the Republic of Ireland also uses the term guardian ''ad litem''. The term is also used in property litigation, where a person may be appointed to act on behalf ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Guardian
A legal guardian is a person who has been appointed by a court or otherwise has the legal authority (and the corresponding duty) to make decisions relevant to the personal and property interests of another person who is deemed incompetent, called a ward. For example, a legal guardian might be granted the authority to make decisions regarding a ward’s housing or medical care or manage the ward’s finances. Guardianship is most appropriate when an alleged ward is functionally incapacitated, meaning they have a lagging skill critical to performing certain tasks, such as making important life decisions. Guardianship intends to serve as a safeguard to protect the ward. Anyone can petition for a guardianship hearing if they believe another individual cannot make rational decisions on their own behalf. In a guardianship hearing, a judge ultimately decides whether guardianship is appropriate and, if so, will appoint a guardian. Guardians are typically used in four situations: guardia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Curator Bonis
In Scots law, Scots and Roman-Dutch law, Roman-Dutch laws, a ''curator bonis'' is a legal representative appointed by a court to manage the finances, property, or estate of another person unable to do so because of mental or physical incapacity. The corresponding office in English common law, common law is that of conservator or legal guardian, guardian of the property. The Adults with Incapacity (Scotland) Act 2000 provided that it would no longer be competent to appoint a curator bonis to a person who has attained the age of 16, with existing curators becoming guardians under that Act. See also *Legal guardian *Curator ad litem References Scots law legal terminology South African legal terminology {{SouthAfrica-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
