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.

See: accident, contingency, inconsideration, laxity, miscue, neglect, negligence, omission, quirk

References in periodicals archive ?

However, as all three Willerton, Prince and Ford judicial decisions demonstrate, the courts are reluctant to disqualify democratically elected councillors who have been guilty of minor lapses of judgment and inadvertence where the financial stakes are nominal.

Viewpoint 42-2: Elected Municipal Officials Must Be Careful About Conflicts of Interest

The essence of this provision is that, for Article 139 to apply, the court must have, through its own mistake or inadvertence, completely omitted to determine a request for substantive relief so as to cause the request to remain undecided (by an explicit or implicit ruling) and pending before the court.

Abu Dhabi Court of Cassation gives Guidance on Omission Applications

1988) (agency has inherent authority to correct "clerical errors and errors arising from mistake or inadvertence in its own orders"); see also Millinger v.

The 2016 amendments to the APA: say goodbye to United Wisconsin - and more

If one cannot morally condemn a person's inadvertence to a risk, however--even in circumstances in which that inadvertence strikes us all as outrageous--then negligence liability inevitably fails to achieve corrective justice.

The innocence of negligence

For courts struggling over the inadvertence issue, see notes

Close calls: defining courtroom closures under the Sixth Amendment

Non-willful conduct is defined as conduct that is due to negligence, inadvertence, or mistake or conduct that is the result of a good faith misunderstanding of the requirement of the law.

Voluntary filing: streamline procedures v. offshore voluntary disclosure

She said last August that the sole allegation was that "through inadvertence or inattention I may have failed to intervene to block the arbitration".

France's top prosecutor recommends that magistrates drop Lagarde investigation -- lawyer

specifications was that by inadvertence some pipe was placed in the

Rethinking Jacob & Youngs v. Kent

The second exception is for inadvertence, which requires the partnership to, in effect, undo the transaction.

IRS prohibits corporations from circumventing gain on appreciated property using partnerships

For example, once a secret becomes public, protection is lost, irrespective of whether the disclosure of the information was by accident, inadvertence, or intentional.

Trade secrets can protect better than patents

Gardner said Oregon courts have ruled that "mere inadvertence, brief inattention or errors in judgment" are not sufficient reasons to charge a person with criminal homicide.

Driver won't be charged in deaths

The key amendment which impacts policyholders adversely is the one which seeks to do away with the differentiation between inaccurate statements and concealment done due to inadvertence or lack of awareness and those which are made deliberately with intent to deceive.