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.

References in classic literature ?
It's only an experiment, John, and I want to try it for your sake as much as for mine, because I've neglected you shamefully lately, and I'm going to make home what it used to be, if I can.
She realized that she had neglected her reading, and determined to start anew upon a course of improving studies, now that her time was completely her own to do with as she liked.
There hung all his great works, rejected by the Royal Academy, and neglected by the patrons of Art; and there, nevertheless, was he, blithely plying the brush; not rich, it is true, but certainly never without money enough in his pocket for the supply of all his modest wants.
Give them a picture with a good large ruin, fancy trees, prancing nymphs, and a watery sky; dirty it down dexterously to the right pitch; put it in an old frame; call it a Claude; and the sphere of the Old Master is enlarged, the collector is delighted, the picture-dealer is enriched, and the neglected modern artist claps a joyful hand on a well-filled pocket.
There is no branch of detective science which is so important and so much neglected as the art of tracing footsteps.
"Having left the house, I proceeded to do what Gregson had neglected. I telegraphed to the head of the police at Cleveland, limiting my enquiry to the circumstances connected with the marriage of Enoch Drebber.
Though his adversary neglected the hills, he had planted his batteries with judgment on the plain, and caused them to be served with vigor and skill.
"Fearless.org provides a safe and anonymous place for young people to tell us when they have concerns about a young person who is being harmed or neglected.
Helen Keller (deaf-blind but a great poet, writer/disability rights activist), was not neglected; Ludwig Van Beethoven (deaf but the world's greatest composer) was not neglected; Thomas Edison (slightly deaf and the electric light inventor) was not neglected; Albert Einstein (suffered from Asperger's syndrome and dyslexia) was not neglected; Sir Isaac Newton (stuttered in speech, theory of gravity) but was not neglected; Prof.
The Court of Appeals on Friday cited "unrefuted" evidence that the youngster's mother had neglected him in their homeland and would continue to if he were returned.
This can certainly be the case for children and young people who are neglected. Neglect is when a parent or carer repeatedly fails to meet a child's basic needs.