Incompetent - Law Dictionary Search Results

Home Dictionary Name: incompetent

incompetence

incompetence : the state or fact of being incompetent compare competency ...

commitment 1 : an act of committing: as a : placement in or assignment to a prison or mental hospital [petition for ] compare incompetent, interdiction NOTE: Commitment to a mental health facility is called civil commitment when it is not part of a criminal proceeding. Civil commitment proceedings are initiated by the patient, in the case of voluntary commitment, or by someone (as a family member or government agent) authorized by statute to petition for the patient's involuntary commitment. Some form of a hearing and periodic review is required in involuntary commitment proceedings. A criminal defendant may be committed to a mental hospital as a result of being found incompetent to stand trial, not guilty by reason of insanity, or incompetent to be sentenced. b : an act of referring a matter to a legislative committee c : a warrant committing someone to a prison 2 : an agreement or promise to do something in the future ;esp : a promise to assume a financial obligation at a fu...

Voir dire

Voir dire [veritatem dicere, Lat., 'to tell the truth,' voir being the Norman-French for vrai].A sort of preliminary examination by the judge, in which the witness is required to speak the truth with respect to the questions put to him, when, if incompetency appears from his answers, he is rejected, and even if they are satisfactory, the judge may receive evidence to contract them or establish other facts showing the witness to be incompetent, Best on Evidence....

Wills

Wills. A will is the valid disposition by a living person, to take effect after his death, of his disposable property. ''But in law ultima voluntas in scriptis is used, where lands or tenements are devised, and testamentum, when it concerneth chattels': Co. Litt. 111 a.Depository of Will of Living Person.-By the (English) Jud. Act, 1925, s. 172, replacing s. 91 of the Court of Probate Act, 1857:-There shall, under the control and direction of the High Court, be provided safe and convenient depositories for the custody of the wills of living persons, and any person may deposit his will therein.And see (English) Administration of Justice Act, 1928 (18 & 19 Geo. 5, c. 26), s. 11, as to deposit of wills under control of the High Court.Law before 1838.-The right of testamentary aliena-tion of lands is a matter depending on Act of Parliament. Before 32 Hen. 8, c. 1, a will could not be made of land, and before the Statute of Frauds a will (see NUNCUPATIVE WILL) could be made by word of mouth...

burden of proof

burden of proof :the responsibility of producing sufficient evidence in support of a fact or issue and favorably persuading the trier of fact (as a judge or jury) regarding that fact or issue [the burden of proof is sometimes upon the defendant to show his incompetency "W. R. LaFave and A. W. Scott, Jr."] compare standard of proof NOTE: The legal concept of the burden of proof encompasses both the burdens of production and persuasion. Burden of proof is often used to refer to one or the other. Burden of proof and burden of persuasion are also sometimes used to refer to the standard of proof. ...

committee

committee 1 : a person to whom a charge (as an incompetent) is committed compare conservator, curator, guardian, tutor 2 a : a body of persons delegated or assigned to consider, investigate, act on, or report on some matter ;esp : a group of fellow legislators chosen by a legislative body to consider legislative matters (as drafting bills or conducting hearings) [the Senate judiciary ] see also conference committee, joint committee b : a private organization for the promotion of a common object [political action s] compare council ...

competency

competency 1 : the quality or state of being mentally competent compare capacity, incompetence, insanity 2 : the quality or state of being legally qualified or adequate [the , quantum and legal effect of evidence "State v. Scoggin, 72 S.E.2d 54 (1952)"] ...

competent

competent 1 : having or showing requisite or adequate ability or qualities [a lawyer] [ representation by counsel] 2 a : free from addiction or mental defect that renders one incapable of taking care of oneself or one's property b : capable of understanding one's position as a criminal defendant and the nature of the criminal proceedings and able to participate in one's defense compare capacity, incompetent, insanity 3 : legally qualified or adequate: as a : having the necessary power or authority [a judge of jurisdiction "U.S. Code"] b : qualified for presentation in court : admissible as evidence or capable of giving admissible evidence [a witness] c : intelligent [a waiver] ...

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