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PARENS PATRIAE

  • Parens patriae
  • Power of the state to protect a child

    In law, parens patriae is the public policy power of the state to intervene against an abusive or negligent parent, legal guardian, or informal caretaker

    Parens patriae

    Parens_patriae

  • Hart–Scott–Rodino Antitrust Improvements Act
  • 1976 American law

    companies in federal court for monetary damages under antitrust laws as parens patriae, on behalf of their citizens. Previously, there was no practicable way

    Hart–Scott–Rodino Antitrust Improvements Act

    Hart–Scott–Rodino Antitrust Improvements Act

    Hart–Scott–Rodino_Antitrust_Improvements_Act

  • Pater Patriae
  • Latin honorific meaning 'Father of the Fatherland'

    suppression of the Catilinarian conspiracy in 63 BC. A similar title, parens patriae, of similar but lesser connotation, was awarded to Julius Caesar, who

    Pater Patriae

    Pater Patriae

    Pater_Patriae

  • Ward (law)
  • Person under protection of a legal guardian

    of feudal tenure in England and Wales. It was abolished in 1660. As parens patriae ("parent of the nation"), the British Crown has a duty to protect its

    Ward (law)

    Ward_(law)

  • Parens (disambiguation)
  • Topics referred to by the same term

    (died 1250), Italian Friar Minor Joshua Parens, American professor of philosophy Parens patriae, a legal term Parens scientiarum, the incipit designating

    Parens (disambiguation)

    Parens_(disambiguation)

  • Gillick competence
  • Medical legal term

    lower court; therefore, they are not legally binding. However, the parens patriae jurisdiction of the court remains available allowing a court order to

    Gillick competence

    Gillick competence

    Gillick_competence

  • In loco parentis
  • Legal term – "in the place of a parent"

    parent. The in loco parentis doctrine is distinct from the doctrine of parens patriae, the psychological parent doctrine, and adoption. Cheadle Hulme School

    In loco parentis

    In_loco_parentis

  • Roman imperial cult
  • Identification of emperors with divine authority

    living man had appeared on Roman coinage). Early in 44 BC, he was called parens patriae (father of the country); legal oaths were taken by his Genius; his birthday

    Roman imperial cult

    Roman_imperial_cult

  • Cleopatra
  • Pharaoh of Egypt from 51 to 30 BC

    appear on coins, his rather haggard profile accompanied by the title 'Parens Patriae', 'Father of the Fatherland'." For further information, see Raia & Sebesta

    Cleopatra

    Cleopatra

    Cleopatra

  • Abe Fortas
  • US Supreme Court justice from 1965 to 1969

    procedure to legal minors and overturning the existing paradigm of parens patriae in which the state had usurped the parental role. Writing the majority

    Abe Fortas

    Abe Fortas

    Abe_Fortas

  • Georgia v. Tennessee Copper Co.
  • 1907 United States Supreme Court case

    case in which the court held that states, as quasi-sovereigns, have parens patriae standing to sue for environmental harms, in this case fumes from copper

    Georgia v. Tennessee Copper Co.

    Georgia_v._Tennessee_Copper_Co.

  • Contact (law)
  • Child visitation

    replace standard physical contact time. As a specific application of parens patriae (see public policy and the concept of best interests), most states treat

    Contact (law)

    Contact_(law)

  • American juvenile justice system
  • Aspect of American justice system

    abandoned youth. Prior to this ideological shift, the application of parens patriae was restricted to protecting the interests of children, deciding guardianship

    American juvenile justice system

    American juvenile justice system

    American_juvenile_justice_system

  • Youth detention center
  • Type of prison for people under the age of majority

    to provide the offenders with care consistent with the doctrine of parens patriae, or "the state as parent". The state or local jurisdiction is usually

    Youth detention center

    Youth detention center

    Youth_detention_center

  • Child protective services
  • U.S. agencies responsible for child protection

    of parens patriae, which gave the royal crown care of "charities, infants, idiots, and lunatics returned to the chancery". This principle of parens patriae

    Child protective services

    Child_protective_services

  • Sterilization law in the United States
  • incompetent minors circuit courts, acting in pursuance of their inherent parens patriae authority, have subject matter jurisdiction to consider a petition for

    Sterilization law in the United States

    Sterilization law in the United States

    Sterilization_law_in_the_United_States

  • Child custody
  • Guardianship of an underage person

    parenting Motherhood constellation Mothers' rights Noncustodial parent Parens patriae Parental alienation Parental alienation syndrome Parenting coordinator

    Child custody

    Child_custody

  • Involuntary treatment
  • Medical treatment undertaken without the consent of the person being treated

    make decision about the treatment of children, a principle known as parens patriae. In the United States, doctors are responsible for providing a good

    Involuntary treatment

    Involuntary_treatment

  • Caesar's civil war
  • War in the Roman Republic (49–45 BC)

    established, he was given the permanent name Imperator, and the title parens patriae (father of his country). Caesar returned to Rome via southern Gaul and

    Caesar's civil war

    Caesar's civil war

    Caesar's_civil_war

  • Excuse
  • Concept in criminal jurisprudence

    the law. Defense of infancy This is an aspect of the public policy of parens patriae. In the criminal law, each state will consider the nature of its own

    Excuse

    Excuse

  • Compulsory sterilization in Canada
  • Controversial medical practice in Canada

    the government itself could make the decision, using parens patriae jurisdiction. Parens patriae allows the government to make authorizations in the "best

    Compulsory sterilization in Canada

    Compulsory sterilization in Canada

    Compulsory_sterilization_in_Canada

  • United States antitrust law
  • American legal system intended to promote competition among businesses

    general may file suits to enforce both state and federal antitrust laws. Parens patriae Hawaii v. Standard Oil Co. of Cal., 405 U.S. 251 (1972) state governments

    United States antitrust law

    United States antitrust law

    United_States_antitrust_law

  • Public policy doctrine
  • Body of principles that underpin the operation of legal systems

    the main branches of law. Hence, one of the policies in family law is parens patriae, i.e. that the state is the default parent for all those children within

    Public policy doctrine

    Public_policy_doctrine

  • Hawaii v. Standard Oil Co. of California
  • 1972 United States Supreme Court case

    D. M.; Condo, J. A. (1972). "Hawaii v. Standard Oil Co.: Aloha to Parens Patriae?". Catholic University Law Review. 22: 156. ISSN 0008-8390. Text of

    Hawaii v. Standard Oil Co. of California

    Hawaii_v._Standard_Oil_Co._of_California

  • Charitable trust
  • Irrevocable trust established for charitable purposes

    by the Attorney General for England and Wales in their capacity as parens patriae, appearing on behalf of The Crown. The jurisdiction over charitable

    Charitable trust

    Charitable trust

    Charitable_trust

  • Divine right of kings
  • Religious doctrine on the authority of monarchs

    Kings are also compared to fathers of families; for a king is true parens patriae [parent of the country], the politic father of his people. And lastly

    Divine right of kings

    Divine right of kings

    Divine_right_of_kings

  • Best interests
  • Child rights principle

    shift in public policy. The best interests doctrine is an aspect of parens patriae, and in the United States it has replaced the tender years doctrine

    Best interests

    Best_interests

  • E (Mrs) v Eve
  • Supreme Court of Canada case

    sufficient evidence to warrant the sterilization of Eve, and that the parens patriae powers of the court allowed it to consent, on behalf of the incompetent

    E (Mrs) v Eve

    E (Mrs) v Eve

    E_(Mrs)_v_Eve

  • Late Corp. of the Church of Jesus Christ of Latter-Day Saints v. United States
  • 1890 United States Supreme Court case

    dissolve the LDS Church's corporation and seize its property. Under parens patriae principles, Congress may redirect assets to charitable purposes within

    Late Corp. of the Church of Jesus Christ of Latter-Day Saints v. United States

    Late_Corp._of_the_Church_of_Jesus_Christ_of_Latter-Day_Saints_v._United_States

  • List of landmark court decisions in India
  • ISSN 1556-5068. "Charan Lal Sahu v. Union Of India: Affirming State's Role as Parens Patriae in Industrial Disaster Claims". www.casemine.com. 1989-12-23. Retrieved

    List of landmark court decisions in India

    List of landmark court decisions in India

    List_of_landmark_court_decisions_in_India

  • Conflict of divorce laws
  • Role of marriage and its termination through divorce

    provisions of law or it is not in the best interests of any children (see parens patriae). If the characterization is status/capacity, this will be determined

    Conflict of divorce laws

    Conflict_of_divorce_laws

  • Gaius Julius Caesar (name)
  • Set index on a Roman name

    Deprecated link archived 2012-05-30 at archive.today; the neuter variant Parens Patriae is also known from a statue of Caesar in Rome. RE XVI 1661 Auct. de

    Gaius Julius Caesar (name)

    Gaius_Julius_Caesar_(name)

  • List of Latin phrases (P)
  • hold resentment toward the dead. Quote from the Aeneid, III 13-68. parens patriae parent of the nation A public policy requiring courts to protect the

    List of Latin phrases (P)

    List of Latin phrases (P)

    List_of_Latin_phrases_(P)

  • Informed consent
  • Ethical principle

    from the parent (rather than the 'best interests standard') although a parens patriae order may apply, allowing the court to dispense with parental consent

    Informed consent

    Informed consent

    Informed_consent

  • Public interest litigation in India
  • Litigation undertaken for the general good

    (WikiSource) for more details. Rule of law Rule according to higher law Parens patriae Qui tam Legal aid Constitution of India Constitutional theory Fundamental

    Public interest litigation in India

    Public_interest_litigation_in_India

  • List of Latin legal terms
  • List of Latin terms used in legal terminology

    delictum equal fault Used when both parties to a dispute are at fault. parens patriae parent of the nation Refers to the power of the State to act as parent

    List of Latin legal terms

    List_of_Latin_legal_terms

  • Obligatory Dangerousness Criterion
  • Principle in mental health law

    dangerousness criterion has two main parts. First is the Latin phrase parens patriae, which translates to "parent of his or her nation", which "assigns to

    Obligatory Dangerousness Criterion

    Obligatory_Dangerousness_Criterion

  • Federalist No. 78
  • Most-cited Federalist Paper; by Alexander Hamilton and about the Supreme Court

    only the interests of his subjects; as the King exercised it only as parens patriae, he was bound by law to allow the use of it to any subject interested

    Federalist No. 78

    Federalist No. 78

    Federalist_No._78

  • Capacity (law)
  • Legal aptitude to have rights and liabilities

    vulnerable members of society. In public policy terms, this is the policy of parens patriae. Similarly, the state has a direct social and economic interest in promoting

    Capacity (law)

    Capacity_(law)

  • Minnesota Attorney General
  • Attorney general for the U.S. state of Minnesota

    state of Minnesota, and as such, represents the state of Minnesota parens patriae in both state and federal court as well as in administrative proceedings

    Minnesota Attorney General

    Minnesota Attorney General

    Minnesota_Attorney_General

  • Joint custody
  • Court order whereby custody of a child is awarded to both parties

    court Joint custody (Spain) Joint custody (United States) Legal custody Parens patriae Parenting plan Shared residency in England Shared parenting Ward of

    Joint custody

    Joint_custody

  • Qui tam
  • Legal term in UK and US law

    Rockwell International Corp. v. United States. Private attorney general Parens patriae Common Informers Act 1951 False Claims Act Unique Product Solutions

    Qui tam

    Qui_tam

  • Index of law articles
  • par delictum – Paralegal – Paramount title – Paraphilia – Pardon – parens patriae – Parent – Parent company – Pari delicto – Pari passu – Paris Convention

    Index of law articles

    Index_of_law_articles

  • Conflict of marriage laws
  • Conflict of laws with respect to marriage in different jurisdictions

    significant public policy limits. Hence, for example, as an aspect of parens patriae, a state will define the age at which a person may marry. If such a

    Conflict of marriage laws

    Conflict_of_marriage_laws

  • Class action
  • Type of lawsuit

    carry out. Instead, the Government of India exercised its right of parens patriae to appropriate all the claims of the victims and proceeded to litigate

    Class action

    Class_action

  • Age of criminal responsibility
  • Minimum age of a child committed crime

    of a more mature quality. This is an aspect of the public policy of parens patriae. In the criminal law, each state will consider the nature of its own

    Age of criminal responsibility

    Age of criminal responsibility

    Age_of_criminal_responsibility

  • Consent (criminal law)
  • Concept in criminal law

    or are to be bound by apparent consent given. As an application of parens patriae, for example, minors cannot consent to having sexual intercourse under

    Consent (criminal law)

    Consent_(criminal_law)

  • Joint custody in the United States
  • Court order in U.S. family law

    in the United States Child support Divorce Family court Family law Parens patriae Parenting plan Shared parenting Sole custody Split custody Third-party

    Joint custody in the United States

    Joint_custody_in_the_United_States

  • You're Wrong About
  • American pop culture podcast

    outlines the 1838 Ex Parte Crouse Supreme Court decision and doctrine of parens patriae, which empowered the government to remove children from 'unfit' parents

    You're Wrong About

    You're_Wrong_About

  • Sole custody
  • Child custody awarded to only one parent

    custody Bird's nest custody Child custody Divorce Family law Family court Parens patriae Parenting plan Shared parenting Split custody Third-party custody Ward

    Sole custody

    Sole_custody

  • Coins of Augustus
  • Coins minted during the reign of Roman Emperor Augustus

    Augustus received the title "Father of the Fatherland" (pater patriae or parens patriae), also reflected on coins. Some coins note Augustus' religious

    Coins of Augustus

    Coins of Augustus

    Coins_of_Augustus

  • List of United States Supreme Court cases involving standing
  • Georgia v. Tennessee Copper Co. 1907 States, as quasi-sovereigns, have parens patriae standing to sue for environmental harms, in this case fumes from copper

    List of United States Supreme Court cases involving standing

    List_of_United_States_Supreme_Court_cases_involving_standing

  • Juvenile Delinquency and Youth Offenses Control Act of 1961
  • federal laws pertaining to juveniles often were created based on the parens patriae doctrine (which appears almost 140 years later in the Juvenile Delinquency

    Juvenile Delinquency and Youth Offenses Control Act of 1961

    Juvenile Delinquency and Youth Offenses Control Act of 1961

    Juvenile_Delinquency_and_Youth_Offenses_Control_Act_of_1961

  • Richard Ieyoub
  • American lawyer and politician (1944–2023)

    Attorney General Actions, the Tobacco Litigation, and the Doctrine of Parens Patriae - Working abstract by Theodore Eisenburg and Richard Ieyoub Richard

    Richard Ieyoub

    Richard_Ieyoub

  • Eugenio Manni
  • Teresa Manni Piraino. Romulus e parens patriae nell'ideologia politica e religiosa romana (Romulus and parens patriae in the Roman Political and Religious

    Eugenio Manni

    Eugenio_Manni

  • Court of Wards and Liveries
  • Court in England 1540–1660

    2007 Richardson, 1952, p.167 Richardson, 1952, p.118 Seymour, John. "Parens Patriae and Wardship Powers: Their Nature and Origins". Oxford Journal of Legal

    Court of Wards and Liveries

    Court of Wards and Liveries

    Court_of_Wards_and_Liveries

  • Charitable trusts in English law
  • Express trusts dedicated to charitable goals under English law

    beneficiaries are represented by the Attorney General for England and Wales as parens patriae, who appears on behalf of The Crown. Jurisdiction over charitable disputes

    Charitable trusts in English law

    Charitable trusts in English law

    Charitable_trusts_in_English_law

  • Children's Court of New South Wales
  • Court within the Australian court hierarchy

    New South Wales stated the first court was set up in the spirit of parens patriae, a jurisdiction that was exercised by the superior courts of the United

    Children's Court of New South Wales

    Children's Court of New South Wales

    Children's_Court_of_New_South_Wales

  • Court of Chancery
  • Court of equity in England and Wales (c. 1350–1875)

    guardianship of children is said to have come from the king's prerogative of parens patriae. The Chancery had administered this area of law from an early period

    Court of Chancery

    Court of Chancery

    Court_of_Chancery

  • Niagara-Wheatfield Central School District
  • School district in the U.S. state of New York

    court held "that the State of New York had met its burden of pleading parens patriae standing at this stage of the litigation." Athletics: NW has an array

    Niagara-Wheatfield Central School District

    Niagara-Wheatfield_Central_School_District

  • Criminal justice system of the Netherlands
  • Overview of criminal justice system in the Netherlands

    penological philosophy model. The state was now asserting its right, as parens patriae, to ensure the proper civilisation of its youth. This new system infringed

    Criminal justice system of the Netherlands

    Criminal_justice_system_of_the_Netherlands

  • Third-party custody
  • the raising of a child. Divorce Family law Family court Legal custody Parens patriae Parenting plan Physical custody Shared parenting Ward of the state Webster

    Third-party custody

    Third-party_custody

  • Youth Justice Court of the Northern Territory
  • Court for young offenders

    states the first court in New South Wales was set up in the spirit of parens patriae, a jurisdiction that was exercised by the superior courts of the United

    Youth Justice Court of the Northern Territory

    Youth_Justice_Court_of_the_Northern_Territory

  • Private attorney general
  • Informal term for public interest lawyer

    the traditional writ of qui tam stands in contrast to the doctrine of parens patriae, under which the government is best placed to protect citizens from

    Private attorney general

    Private_attorney_general

  • Massachusetts v. EPA
  • 2007 United States Supreme Court case

    S. at 509. Longest, Ryke (Spring 2008). "Massachusetts Versus EPA: Parens Patriae Vindicated". Duke Environmental Law & Policy Forum. 18 (2). "Climate

    Massachusetts v. EPA

    Massachusetts_v._EPA

  • Adhila Nasarin v. Commissioner of Police, Ernakulam
  • Indian LGBT rights case law

    cannot curtail the personal freedom of an adult under the doctrine of parens patriae; Nandakumar v. State of Kerala (2018), which ruled that adults lacking

    Adhila Nasarin v. Commissioner of Police, Ernakulam

    Adhila Nasarin v. Commissioner of Police, Ernakulam

    Adhila_Nasarin_v._Commissioner_of_Police,_Ernakulam

  • Re Vinogradoff
  • English trust law case

    now, a person under the age of eighteen, and who is, thus, protected parens patriae by the jurisdiction of Chancery in matters of property and trusts; see

    Re Vinogradoff

    Re Vinogradoff

    Re_Vinogradoff

  • Mental capacity in England and Wales
  • now has jurisdiction either by statute or derived from the Crown as parens patriae to give or withhold consent to such an operation in the case of an adult

    Mental capacity in England and Wales

    Mental_capacity_in_England_and_Wales

  • Illinois Brick Co. v. Illinois
  • 1977 United States Supreme Court case

    UtiliCorp United (1990) that Illinois Brick required the dismissal of parens patriae claims brought by states. Many state antitrust laws reject the Illinois

    Illinois Brick Co. v. Illinois

    Illinois_Brick_Co._v._Illinois

  • Illinois Industrial School for Girls
  • existence, judging it to be "of the same character" as the power of parens patriae already in the common law, and that the school was not a prison and

    Illinois Industrial School for Girls

    Illinois Industrial School for Girls

    Illinois_Industrial_School_for_Girls

  • List of Roman moneyers during the Republic
  • Cossutia 2 CAESAR PARENS.PATRIAE C.COSSVTIVS MARIDIANVS AAAFF 44 44 C. Cossutius Maridianus ? 480/20 Julia 51, Sepullia 6 CAESAR PARENS.PATRIAE P.SEPVLLIVS

    List of Roman moneyers during the Republic

    List of Roman moneyers during the Republic

    List_of_Roman_moneyers_during_the_Republic

  • Timeline of disability rights in the United States
  • incompetent minors circuit courts, acting in pursuance of their inherent parens patriae authority, have subject matter jurisdiction to consider a petition for

    Timeline of disability rights in the United States

    Timeline_of_disability_rights_in_the_United_States

  • List of New Brunswick case law
  • non-tidal waters. The former were public rights vested in the Crown as parens patriae for the use of the public and could have no new private owner after

    List of New Brunswick case law

    List_of_New_Brunswick_case_law

  • Joint custody in Spain
  • interests Child custody Divorce Family law Family court Legal custody Parens patriae Parenting plan Physical custody Shared parenting Ward of the state Lendoiro

    Joint custody in Spain

    Joint_custody_in_Spain

  • Alliteration (Latin)
  • īnFestae ac Fūnestae Facēs ... Cum Caedēs, Cum Cīvium Cruor, Cum Cinis patriae ... Coeperat ... "when those hostile and calamitous torches ... when slaughter

    Alliteration (Latin)

    Alliteration_(Latin)

  • Sreeja S. v. Commissioner of Police
  • Indian LGBT Rights Case Law

    (2018), wherein it was observed that the court cannot assume the role of parens patriae and curtail the liberty of an individual who has reached the age of

    Sreeja S. v. Commissioner of Police

    Sreeja S. v. Commissioner of Police

    Sreeja_S._v._Commissioner_of_Police

  • United States v. Texas (2021)
  • 2021 United States Supreme Court case on abortion

    defense when the United States sues a disobedient state as the ultimate parens patriae. The order was appealed to Texas in the Fifth Circuit, which was expected

    United States v. Texas (2021)

    United_States_v._Texas_(2021)

  • List of Latin phrases (full)
  • hold resentment toward the dead. Quote from the Aeneid, III 13-68. parens patriae parent of the nation A public policy requiring courts to protect the

    List of Latin phrases (full)

    List_of_Latin_phrases_(full)

  • Ujjawal v. State of Haryana
  • Indian LGBT Rights Case

    cannot curtail the personal freedom of an adult under the doctrine of parens patriae; Nandakumar v. State of Kerala (2018), which ruled that adults lacking

    Ujjawal v. State of Haryana

    Ujjawal v. State of Haryana

    Ujjawal_v._State_of_Haryana

  • Diocese of Alghero-Bosa
  • Roman Catholic diocese in Italy

    until 1589 that Bishop Baccallar took up the building project again. Pietro Parens, a Genoese, became bishop on 18 December 1503; he was present at the Fifth

    Diocese of Alghero-Bosa

    Diocese of Alghero-Bosa

    Diocese_of_Alghero-Bosa

  • Pantheon, Rome
  • Roman temple, later church, in Rome

    inscription reads ILLE HIC EST RAPHAEL TIMUIT QUO SOSPITE VINCI / RERUM MAGNA PARENS ET MORIENTE MORI, meaning "Here lies Raphael, by whom the great mother of

    Pantheon, Rome

    Pantheon, Rome

    Pantheon,_Rome

  • Caligula
  • Roman emperor from AD 37 to 41

    of Caesar's divine honours while living but address Publius Lentulus as parens ac deus (parent and god) to thank him for his help, as aedile, against the

    Caligula

    Caligula

    Caligula

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