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 ?
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.
"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.
Will she find an excuse for the neglect of the knight in the duty of a soldier?"
A country that neglects her disabled individuals does so at its peril.
It said the cruelty and neglect happens "when an adult who has responsibility for a child wilfully assaults, ill-treats, neglects, abandons or causes them unnecessary suffering or injury".
Sarah Rochira wants the law changed to make it easier to prosecute anyone who abuses or neglects older people or allows crimes to take place, such as health and social care providers and managers.
He also neglects the long history of Hezbollah terrorizing Israelis for years by use of such rockets from Lebanon.