Also known as:pupils · pupillarity · pupillus · pupilli · pupillage · ward · minor
Written by attorneys · grounded in primary & secondary sources — see below
A person who has not reached or completed puberty under Scots and civil law.
Sources & Authorities
How it applies
Common Examples
6
Pupil Disaffirms Service Contract
Pedro Pacheco, a pupil, signed an agreement with Paragon Construction for weekend yard work. After two days Pedro decided the terms were unfair and notified the company he would not continue. The company demanded payment for the work already performed. Because Pedro is a pupil the contract is subject to disaffirmance, so Pedro owes nothing and may recover any payments made.
Pupil Uses Force in Self-Defense
Piper Patel, a pupil walking home from school, was confronted by an older student who grabbed her arm and threatened serious injury. Piper struck the aggressor once with a book to break free. The blow caused only minor bruising. Because the force was not intended or likely to cause serious bodily harm, Piper's conduct is privileged as self-defense.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Dictionaries
Court Appoints Counsel for Pupil
Pearl Porter's parents are divorcing and cannot agree on custody of their pupil daughter. The court appoints an attorney to represent the pupil's interests regarding support and visitation. The order requires the parents to pay the attorney's fees unless they are indigent, in which case the agency bears the cost.
Pupil Held to Adult Standard
Priya Prasad, a pupil, drove her family's car to deliver groceries for a neighbor. While backing out she struck another vehicle. Because operating a motor vehicle is an adult activity, Priya is held to the ordinary reasonable-person standard of care rather than a reduced standard based on her age.
Pupils Challenge Segregated Schools
Phuong Pham and other pupils were required by state law to attend schools reserved for their race. They sued to enjoin enforcement of the segregation statutes. The court found the schools for pupils of their race inferior in facilities and resources and ordered immediate admission to the previously all-white schools.
Brown v. Board of Education [*Brown I*]347 U.S. 483, 74 S. Ct. 686, 98 L. Ed. 873 (1954)
Pupils Refuse Flag Salute
Portia Price, a pupil, and her classmates were expelled for refusing to salute the flag on religious grounds. Their parents sued the school board. The court held that compelling the pupils to salute violated their constitutional rights and that the state could not force affirmation of beliefs through the public schools.
West Virginia State Board of Education v. Barnette319 U.S. 624, 638 (1943)
Common questions
Frequently Asked
4
What age range does the term pupil cover?+
The term covers a person who has not reached or completed puberty. This definition appears in Scots and civil law sources and is cross-referenced to the general concept of minority.
Does a pupil's right to disaffirm contracts depend on the other party's knowledge of age?+
At common law a pupil may disaffirm a contract regardless of whether the adult party knew the pupil's age. The policy protects pupils from their own immaturity and from adult overreaching.
When is a pupil held to an adult standard of care in tort?+
A pupil is held to an adult standard when performing an adult activity such as driving a motor vehicle. The traditional age-based standard applies only to activities within a pupil's typical experience.
May a court appoint counsel for a pupil in a custody dispute?+
Yes. The court may appoint an attorney to represent the pupil's interests in support, custody, and visitation and may order either or both parents to pay the fees.
410 U.S. 113 (1973)Constitutional Law
…C. Gen. Stat. § 14-45.1 (Supp. 1971), requires written permission for the abortion from the husband when the woman is a married minor, that is, when she is less than 18 years of age, 41 N. C. A. G. 489 (1971); if the woman is an unmarried minor, written permission from the parents is required. We need not now decide…