''Ad litem'' (
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power ...
: "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
The Children Act 1989 is a United Kingdom Act of Parliament which allocates duties to local authorities, courts, parents, and other agencies in the United Kingdom, to ensure children are safeguarded and their welfare is promoted. It centres on th ...
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
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as ...
, 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
-
A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
, where a person may be appointed to act on behalf of an
estate
Estate or The Estate may refer to:
Law
* Estate (law), a term in common law for a person's property, entitlements and obligations
* Estates of the realm, a broad social category in the histories of certain countries.
** The Estates, representat ...
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 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 judge ''
ad hoc
Ad hoc is a Latin phrase meaning literally 'to this'. In English, it typically signifies a solution for a specific purpose, problem, or task rather than a generalized solution adaptable to collateral instances. (Compare with '' a priori''.)
C ...
''. Judges ''ad hoc'' are particularly common in
international court
International courts are formed by treaties between nations or under the authority of an international organization such as the United Nations and include ''ad hoc'' tribunals and permanent institutions but exclude any courts arising purely under n ...
s, and are fewer in number elsewhere.
The Latin term (''ād lītem'') translates literally as "for the suit"
or "for the proceeding".
See also
*
Citations
References
*
Latin legal terminology
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