Written by attorneys · grounded in primary & secondary sources — see below
A Latin phrase meaning in the place of.
Sources & Authorities
How it applies
Common Examples
6
Supervisor Accusation at Worksite
Carla, a site supervisor, told subcontractors that Luis had been stealing copper wire. The statement occurred at the project location where the alleged conduct would constitute a crime punishable by imprisonment. Luis sued for slander without proving special harm because the accusation imputed criminal conduct in the place of publication.
Guardian Consent for Procedure
A pregnant minor sought an abortion after both parents refused consent. An adult relative who had assumed daily responsibility for the minor's care provided consent in the place of the unavailable parents, satisfying the statutory requirement.
Select any source to read its text and confirm it supports the definition.
Federal Rules
Uniform Acts
Restatements
Dictionaries
Planned Parenthood of Southeastern Pennsylvania v. Casey505 U.S. 833, 112 S. Ct. 2791, 120 L. Ed. 2d 674 (1992)
Successor Entity After Nationalization
After Cuba nationalized a bank, the new Cuban entity stood in the place of the original bank for purposes of a U.S. lawsuit over expropriated assets. The court treated the successor as assuming the prior institution's rights and obligations.
Banco Nacional de Cuba v. Sabbatino376 U.S. 398 (1964)
Merger of Corporate Entities
HarborLift merged into BlueWave. BlueWave assumed all pre-merger liabilities of HarborLift because the surviving company stood in the place of the disappearing entity under merger law.
Santa Fe Industries, Inc. v. Green430 U.S. 462 (1977)
Out-of-State Corporate Action
A Georgia bank sought to enforce a note in Alabama. The court held that the bank could sue in Alabama because the state permitted foreign corporations to act in the place of local entities when conducting authorized business.
Bank of Augusta v. Earle38 U.S. 519, 10 L.Ed. 274 (1839)
Copyright in Bookkeeping System
Selden published a book explaining a bookkeeping method. Baker copied the system but not the explanatory text. The court held that copyright protects only the expression and does not extend to the underlying method in the place of which the law places no protection.
Baker v. Selden101 U.S. 99, 105 (1880)
Common questions
Frequently Asked
3
When does a nonparent qualify to act in loco parentis for custody purposes?+
A nonparent qualifies when the person has assumed full-time responsibility for a child's daily care over an extended period, providing housing, supervision, and support while parents are unavailable. The court evaluates whether that caregiving created a stable environment that justifies departing from parental custody.
Does slander per se require proof of special harm when the statement is made in the place of publication?+
No. When a statement imputes criminal conduct punishable by imprisonment or involving moral turpitude, the plaintiff may recover without proving special harm. The rule focuses on the nature of the imputed offense in the jurisdiction where the statement was published.
How does a surviving corporation stand in the place of a merged entity for liability purposes?+
All debts and liabilities of the disappearing entity automatically become those of the surviving entity by operation of law upon the merger's effective date. Creditors may pursue the survivor directly without first suing the former company.
505 U.S. 833, 112 S. Ct. 2791, 120 L. Ed. 2d 674 (1992)Constitutional Law
…guardian is available to the physician within a reasonable time and in a reasonable manner, consent of any adult person standing in loco parentis shall be sufficient. "(c) Petition to the court for consent.—If both of the parents or guardians of the pregnant woman refuse to consent to the performance of an abortion or if…