next friend
Học thuậtThân thiện
Definition
Noun: 1. A legal representative for a minor or incapacitated person: In law, a "next friend" is an individual (not a formally appointed guardian) who is permitted by a court to initiate and pursue a lawsuit on behalf of a person who is legally unable to do so themselves, typically because they are a minor or lack the mental capacity.
Usage
- The term is used specifically in legal contexts to describe the role of someone advocating for a protected party in litigation.
- It is a formal designation recognized by courts.
Examples
Advanced Usage
- The "next friend" is sometimes referred to as a in some jurisdictions, though "next friend" remains the traditional common law term.
- Unlike a guardian, a "next friend" does not have general custody or control over the individual's person or property; their authority is typically limited to the specific legal proceedings.
Variants and Related Words
- Guardian ad litem: A similar court-appointed representative, often a lawyer, specifically to represent someone's interests in a lawsuit. While related, a guardian ad litem is usually a formal appointment, whereas a "next friend" often acts without a formal court order to initiate the suit.
- Litigation friend: A modern term used in some legal systems with a similar function to "next friend".
Synonyms
- Legal representative (in this specific context)
- Prochein ami (an older, now largely obsolete legal term of French origin with the same meaning)
Notes
- This is a specialized legal term. In everyday English, phrases like "legal representative" or "advocate" are more common, but they lack the precise technical meaning of "next friend" in a court of law.
- The "next friend" is often, but not necessarily, a relative or someone with a close relationship to the person they are representing.
Noun
- (law) a person who acts on behalf of an infant or disabled person