neglect


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Related to neglect: child neglect

Neglect

An omission to do or perform some work, duty, or act.

As used by U.S. courts, the term neglect denotes the failure of responsibility on the part of defendants or attorneys. Neglect is related to the concept of Negligence, but its rather limited use in the law sets it apart from that much broader doctrine. Generally speaking, neglect means omitting or failing to do something that is required. Neglect is often related to timeliness: examples include the failure of a taxpayer to file a timely income tax return and the failure of an attorney to meet a deadline for filing an appeal. In determining whether to rule against a party, courts consider the reason for the neglect, which can range from unavoidable accidents and hindrances to the less acceptable extreme of carelessness and indifference to duty.

Special terminology applies to some forms of neglect. Culpable neglect exists where a loss arises from an individual's carelessness, improvidence, or folly. Willful neglect applies to marital cases; it refers to the neglect of one spouse, historically the husband, to provide such essentials as food, shelter, and clothing to the other spouse, either because of refusal or indifference. Excusable neglect is used to grant exceptions in cases where neglect was the consequence of accident, unavoidable hindrance, reliance on legal counsel, or reliance on promises made by the adverse party. Excusable neglect can serve as the basis for a motion to vacate a judgment, as in the case of explaining why a deadline for filing an appeal could not be met. Under the Federal Rules of Civil Procedure, excusable neglect authorizes a court to permit an act to be done after the official deadline has expired (Fed. R. Civ. P. 6 (b)).

Cross-references

Child Abuse; Necessaries.

neglect

noun abandonment, absentmindedness, breach, bungling, careless abandon, carelessness, default, delinquency, dereliction, disregard, failure, heedlessness, idleness, improvidence, imprudence, inaction, inadvertence, inattention, inattentiveness, incuria, indifference, indiligence, inexecution, inexertion, laches, laxity, laxness, misprision, neglegentia, negligence, noncompletion, nonfeasance, nonfulfillment, nonobservance, nonperformance, omission, oversight, procrastination, rashness, recklessness, remissness, slackness, slight, sloth, slovenliness, thoughtlessness, unactivity, unconcern, unconscientiousness, unheedfulness, unobservance, unwariness, unwatchfulness
Associated concepts: culpable neglect, neglect of duty, neggect to act, neglect to prosecute, willful neglect
Foreign phrases: Magna culpa dolus est.Gross neglect is the equivalent of fraud.

neglect

verb be careless, be inattentive, be lax, disdain, disregard, fail, forget, gloss over, ignore, lay aside, leave alone, lose sight of, neglegere, not care for, not use, omit, overlook, pass by, pass over, pay no attention, pay no heed to, pay no regard to, pretermit, procrastinate, refuse to recognize, shirk, shun, skip, slight, take no note, take no notice
See also: blame, break, culpability, default, delinquency, dereliction, desuetude, disinterest, disobey, disregard, disrepair, disuse, eschew, exclude, ignore, inconsideration, indifference, laches, laxity, leave, maladministration, mismanage, misprision, nonpayment, nonperformance, nonuse, omission, omit, overlook, override, oversight, pretermit, procrastinate, rebuff, reject, rejection, repudiate, shirk, shun, spurn, violate
References in classic literature ?
Not content with the natural neglect into which Sight Recognition was falling, they began boldly to demand the legal prohibition of all "monopolizing and aristocratic Arts" and the consequent abolition of all endowments for the studies of Sight Recognition, Mathematics, and Feeling.
I am sure you neglect nothing that can add to the beauties of that noble place.
Wrench should neglect her children more than others, she could not for the life of her understand.
THE PURCHASER of a black servant was persuaded that the color of his skin arose from dirt contracted through the neglect of his former masters.
He had the double disadvantage of a mother's assiduity and a father's neglect.
Of the monstrous neglect of education in England, and the disregard of it by the State as a means of forming good or bad citizens, and miserable or happy men, private schools long afforded a notable example.
That there are, upon record, trials at law in which damages have been sought as a poor recompense for lasting agonies and disfigurements inflicted upon children by the treatment of the master in these places, involving such offensive and foul details of neglect, cruelty, and disease, as no writer of fiction would have the boldness to imagine.
You are not without the capacity of veneration, and faith and hope, and conscience and reason, and every other requisite to a Christian's character, if you choose to employ them; but all our talents increase in the using, and every faculty, both good and bad, strengthens by exercise: therefore, if you choose to use the bad, or those which tend to evil, till they become your masters, and neglect the good till they dwindle away, you have only yourself to blame.
Mr Allworthy's distemper, by means of this neglect, gained such ground, that, when the increase of his fever obliged him to send for assistance, the doctor at his first arrival shook his head, wished he had been sent for sooner, and intimated that he thought him in very imminent danger.
And the same feelings which made me neglect the scenes around me caused me also to forget those friends who were so many miles absent, and whom I had not seen for so long a time.
But it touched my heart so forcibly to think of parting entirely with the child, and, for aught I knew, of having it murdered, or starved by neglect and ill-usage (which was much the same), that I could not think of it without horror.
But, it being my intention to write a thing which shall be useful to him who apprehends it, it appears to me more appropriate to follow up the real truth of the matter than the imagination of it; for many have pictured republics and principalities which in fact have never been known or seen, because how one lives is so far distant from how one ought to live, that he who neglects what is done for what ought to be done, sooner effects his ruin than his preservation; for a man who wishes to act entirely up to his professions of virtue soon meets with what destroys him among so much that is evil.