neglect

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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 ?
This my long sufferance and my day of grace They who neglect and scorn, shall never taste; But hard be hard'nd, blind be blinded more, That they may stumble on, and deeper fall; And none but such from mercy I exclude.
If after due acquaintance she suits him, he retains her; but if he suspects her purity, he bundles her back to her father; if he finds her diseased, the same; or if, after just and reasonable time is allowed her, she neglects to bear children, back she goes to the home of her childhood.
The order he keeps is scandalous, that's what, and he neglects the young fry and puts all his time on those big scholars he's getting ready for Queen's.
The progress of the intellect is to the clearer vision of causes, which neglects surface differences.
We look back at this ignorance, or infatuation, whichever it may be called, with wonder, knowing that the neglect of an eminence, whose difficulties, like those of Mount Defiance, have been so greatly exaggerated, would, at the present time, prove fatal to the reputation of the engineer who had planned the works at their base, or to that of the general whose lot it was to defend them.
It is considered very bad policy to fee a servant while you are still to remain longer in the hotel, because if you gave him too little he might neglect you afterward, and if you gave him too much he might neglect somebody else to attend to you.
They attend with Phari- saical strictness to the outward forms of religion, and at the same time neglect the weightier matters of the law, judgment, mercy, and faith.
I myself heard him give directions, that one of his pages should be whipped, whose turn it was to give notice about washing the floor after an execution, but maliciously had omitted it; by which neglect a young lord of great hopes, coming to an audience, was unfortunately poisoned, although the king at that time had no design against his life.
This neglect of duty may be disguised under affected but unsubstantial provisions, so as not to appear, and of course not to excite any alarm in the people for the safety of the Constitution.
The Art of Sight Recognition, being no longer needed, was no longer practised; and the studies of Geometry, Statics, Kinetics, and other kindred subjects, came soon to be considered superfluous, and fell into disrespect and neglect even at our University.