IN OR - The Law Mind Legal Dictionary

IN ORAuthored

The Law Mind • 611 words

Definition

"In or" does not appear to be an established legal term of art. The source material provided under this heading — drawn from Rapalje & Lawrence — addresses the doctrine of *in loco parentis* (literally, "in the place of a parent"), and the entry appears to be a fragment of that longer discussion rather than a standalone term. The words "in or" are most likely a truncated artifact of indexing, digitization, or page-boundary capture, not a discrete legal concept.

For research purposes, the operative term is **IN LOCO PARENTIS**, defined as the legal relationship in which a person assumes the role and responsibilities of a parent toward a child, without formal adoption or legal guardianship. A person *in loco parentis* takes on the duty of care, support, and education that would otherwise fall to the natural or legal parent.

Common Confusion

"In or" should not be treated as a legal term in its own right. Any legal research built on this string as a headword is likely misdirected. Confirm the full phrase intended — almost certainly *in loco parentis* — before proceeding.

Why It Matters in Research

Researchers encountering "in or" as a headword or search result in historical legal dictionaries should treat it as a corrupted or truncated entry and redirect their search to *in loco parentis*. This kind of fragmentation is common in digitized editions of 19th-century dictionaries, where page breaks, running headers, or OCR errors can generate apparent headwords that are actually mid-phrase captures.

The *in loco parentis* doctrine itself carries significant research complexity. Its application has shifted considerably across time and jurisdiction — from a fairly narrow common law concept governing private familial arrangements to a doctrine deployed in educational law (governing school authority over students), employment benefits law (determining dependent status), and tort law (affecting duty of care). A source discussing *in loco parentis* in 1880 may be addressing an entirely different legal context than a modern source using the same phrase.

The Rapalje & Lawrence fragment here references *Powys v. Mansfield* (3 Mylne & Craig 359), an English Chancery decision, and Simpson on Infants — both 19th-century English authorities. Researchers using this material for American common law questions should verify whether the English rule was adopted, modified, or rejected in the relevant American jurisdiction.

Historical Dictionary Support

The Rapalje & Lawrence entry, as captured, addresses two specific propositions about *in loco parentis*: (1) the relationship terminates when the person in that role has provided for the child's education or established the child in life; and (2) a living father does not automatically preclude another person from assuming the *in loco parentis* role, though the child's residence with and maintenance by the father raises an inference — rebuttable, not conclusive — against such an assumption by a third party.

These propositions reflect the classical English equity court treatment of the doctrine, where *in loco parentis* status was most commonly litigated in the context of gifts, advancements, and testamentary provisions. The courts were asked to determine whether a donor or testator stood in the place of a parent such that gifts to the child would be treated as advancements (and therefore set off against any legacy) under the equitable presumption against double portions.

Historical dictionaries of this period generally agree that the *in loco parentis* relationship is voluntary and assumed by conduct rather than by formal legal act, and that it imposes obligations but also confers certain rights — including, at common law, a qualified right to discipline.

IN ORmain

Rapalje & Lawrence • 1888

(638) education of the infant, or establishes him in life. (Powys v. Mansfield, 3 Myl. & C. 359; Simp. Inf. 250.) The fact that the father of the child is living does not prevent another person putting himself in loco parentis, but if the child resides with the father, and is maintained by him, it affords an inference, though not a conclusive one, against the assumption of the character by another person. Id. 252. 2. A person in loco parentis is for many purposes treated as if he were the parent of the infant. Therefore, the presumption in favor of advancement, (as to which, see ADVANCEMENT, & 3,) and the presumption in favor of maintenance out of a contingent or deferred portion, apply to such persons. Id. 176, 246. In majore summa continetur minor (5 Co. 115): In the greater sum of money is contained the less. IN MALAM PARTEM.-In a bad sense, so as to wear an evil appearance. In maleficiis voluntas spectatur non exitus (D. 48, 8, 14): In evil deeds regard must be had to the intention and not to the result. IN MANNER AFORESAID, (in a will). 5 Ves. 465. IN MANNER AND FORM FOLLOWING, THAT IS TO SAY, (in an indictment). 1 Chit. Cr. L. 234. In maxima potentia minima licentia (Hob. 159): In the greatest power there is the smallest license. IN NOMINE DEI, AMEN. - In the name of God, Amen. A solemn introduction, anciently used in wills and many other instruments. The translation is often used in wills at the present day. IN NORTH CAROLINA BANK NOTES, (note payable). 3 Bouv. Inst. 629 n.