Inadvertence


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Inadvertence

The absence of attention or care; the failure of an individual to carefully and prudently observe the progress of a court proceeding that might have an effect upon his or her rights.

The term inadvertence is generally used in reference to a ground upon which a judgment may be set aside or vacated under the Rules of Federal Civil Procedure or state rules of civil procedure.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
References in periodicals archive ?
The panel rejected the plaintiff's argument that the failure to disclose her potential accident-related claims was due to "inadvertence or mistake." It also rejected the plaintiff's claim that she relied on her bankruptcy attorney to make the necessary disclosures.
The fact was admitted and acknowledged by the concerned officials who attributed the same to a bona fide omission or inadvertence.
She said: "I don't accept for a minute that this was momentary inadvertence, there were warning signs for a mileand-a-half.
Sometimes elected officials make errors in judgment out of ignorance, inadvertence or in good faith.
The First DCA panel's per curiam opinion noted that such judgments and deadlines can be set aside under the Florida Rules of Civil Procedure if there has been a "mistake, inadvertence, surprise, or excusable neglect." It went on to note that, "Excusable neglect is found 'where inaction results from clerical or secretarial error, reasonable misunderstanding, a system gone awry, or any other of the foibles to which human nature is heir.' Elliott v.
Because they have shed human blood with apparent inadvertence, they are entitled to refuge until such time as the community has made a judgment about their culpability.
Person Residing in the United States, are required to certify that their 'failure to report all income, pay all tax, and submit all required information returns, including FBARs, was due to non-willful conduct." Taxpayers must certify that they understand that "non-willful conduct is conduct that is due to negligence, inadvertence, or mistake or conduct that is the result of a good faith misunderstanding of the requirements of the law." Furthermore, taxpayers are instructed to provide a narrative that explains their failure to report the financial account, including specific reasons for the failure to report all income, the source of funds in all foreign accounts or assets, and the name of any professional advisor involved.
The judge said it was a "serious" breach, but accepted it resulted from "inadvertence" rather than being a "deliberate breach".
According to the California Supreme Court, gross negligence may be said to be "the want of even scant care or an extreme departure from the ordinary standard of conduct." (3) The law in Texas stipulates: "Gross negligence means more than momentary thoughtlessness, inadvertence, or error of judgment.
1.540(b), which allows a court to vacate an order due to "mistake, inadvertence, surprise, or excusable neglect." (20) While Rule 1.540(b) does not apply to administrative actions, courts have fashioned a remedy by holding an administrative agency has the authority to reissue its final orders or correct its own orders that contain certain errors arising from mistake or inadvertence.
The conclusion is somewhat disappointing and really is somewhat ambiguous, whether by design or inadvertence.
I have often written about the deadly capacity of vehicles and speed but, in most cases, the accident or incident I had in mind was one of inadvertence or stupidity rather than of ill will towards fellow citizens.