Incompetent - Law Dictionary Search Results

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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...

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...

Colourable

Colourable, 'Colour', according to Black's Legal Dictionary, is 'an appearance, semblance or simulacrum, as distinguished from that which is real.... a deceptive appearance.... a lack of reality'. A thing is colourable which is, in appearance only and not in reality, what it purports to be. In Indian terms, it is maya. In the jurisprudence of power, colourable exercise of or fraud on legislative power or, more frightfully, fraud on the Constitution, are expressions which merely mean that the legislature is incompetent to enact a particular law although the label of competency is stuck on it, and then it is colourable legislation, R.S. Joshi v. Ajit Mills Limited (1977) 4 SCC 98: (1978) 1 SCR 338: AIR 1977 SC 2279 (2286). (Constitution of India, Art. 246)...

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....

Sale of Goods Act, 1893

Sale of Goods Act, 1893 (English) (56 & 57 Vict. c. 71), codifying the law of the sale of goods, in the same fashion as the law of bills of exchange, promissory notes, and cheques was codified (see CODE) by the Bills of Exchange Act, 1882, and the law of partnership by the (English) Partnership Act, 1890.The parts of the Act are:-I. Formation of the Contact, in which it is provided, amongst other things, that an infant or person by mental incapacity or drunkenness incompetentto contract must pay a reasonable price for 'necessaries' sold and delivered to him; that (re-enacting a part of the Statute of Frauds) a contract for the sale of goods of the value of 10l. or more is not enforceable unless the buyer accept and receive part, or give something in earnest to bind the contract, or 'unless some note or memorandum in writing of the contract be made and signed by the party to be charged or his agent in that behalf'; that a contract for the sale of specific goods which have perished witho...

Necessaries

Necessaries, a relative term, not strictly limited to such things as are absolutely requisite for support and subsistence, but to be construed liberally, and varying with the state and degree, the rank, fortune, and age of the person to whom they are supplied, Wharton v. Mackenzie, (1845) 5 QB 606. It has often been held that an infant is bound to pay a reasonable price for such necessary things as relate to his maintenance and education--as food, lodging, apparel, medical attendance, schooling and instruction--unless credit be given solely to the parent, which is presumed to be the fact it if appears that the infant was placed at school or is supported by him: see Co. Litt. 172 a; Ryder v. Wombwell, (1868) LR 4 Ex. 32; Barnes v. Toye, (1884) 13 QBD 410; Roberts v. Gray, (1913)1 KB 520; and INFANT.Where 'necessaries,' that is, goods suitable to the condition in life' of an infant, 'and to his actual requirements at the time of the sale and delivery,' 'are sold and delivered to an infan...

Marriage

Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...

Infamous conduct in a professional respect

Infamous conduct in a professional respect. A term used by the General Medical Council to denote contraventions of the practice of the profession, such as advertising as well as disgraceful or incompetent conduct; see Medical Act, 1858 (21 & 22 Vict. c. 90), s. 29....

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