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Mental Defect - Law Dictionary Search Results

Home Dictionary Name: mental defect

mental defect

mental defect : an abnormal mental condition (as mental retardation) that may be of a more fixed nature than a mental disease ...


Idiot

Idiot. An idiot is a person born without a mind. For Coke's classification of persons of unsound mind, see Co. Litt. 247 a.Idiots, imbeciles, feeble-minded persons, and moral defectives constitute the four kinds of persons define as 'mentally defective' by the (English) Mental Deficiency Act, 1927 (17 & 18 Geo. 5, c. 33), s. 1, idiots being defined (s. 1 (a) as 'persons in whose case there exists mental defectiveness of such a degree that they are unable to guard themselves against common physical dangers.' The (English) M.D. Act, 1913, as amended by the Act of 1927, provides (s. 2) for defectives being dealt with either by being sent to an institution or placed under guardianship. The general superintendence of matters relating to their supervision, training or occupation, protection, and control is vested in a central body styled 'the Board of Control' (ss. 21 et seq.), and County Councils and Borough Councils are constituted committees for the purposes of the Act (ss. 27 et seq.). T...


Moral Imbeciles

Moral Imbeciles, 'persons who from an early age display some permanent mental defect coupled with strong vicious or criminal propensities on which punishment has had little or no deterrent effect'; see (English) Mental Deficiency Act, 1913 (3 & 4 Geo. 5, c. 28), s. 1 (d). They constitute one of the four classes of 'defectives' dealt with by the Act....


Reception order

Reception order. No person, not being a a rate-aided poor person or a person of unsound mind so found by inquisition, can be received or detained as a per-son of unsound mind except under the authority of (1) a reception order, or (2) an urgency order (q.v.), or (3) a summary reception order (q.v.) [(English) Lunacy Act, 1890, ss. 1, 9, 13]. Ss. 21 and 22 provide exceptions in the case of emergency, etc., and of friends and relatives taking charge. A reception order can only be made by a judicial authority, i.e., a justice of the peace specially appointed, a county court judge, a stipendiary magistrate, or by two commissioners in lunacy (ibid., ss. 1, 9, 10 and 23). It is only effective for one year unless extended [(English) Lunacy Act, 1891, s. 7), and by s. 36 (3) of the Act, 1890, it ceases to be of any force unless the patient has been received thereunder before the expiration of seven days from its date. As to the reception of feebleminded and mentally defective persons, see the ...


Imbeciles

Imbeciles, 'persons in whose case there exists mental defectiveness not amounting to idiocy, yet so pronounced that they are incapable of managing themselves or their affairs, or, in the case of children, of being taught to do so' [(Englihs) Mental Deficiency Act, 1927, s. 1(1)(b)]. See IDIOT....


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] ...


Non compos mentis

Non compos mentis, said of a person who is not of sound memory and understanding. See IDIOT, MENTAL DEFECTIVE, and PERSON OF UN-SOUND MIND....


mental disease

mental disease : an abnormal mental condition that interferes with mental or emotional processes and internal behavioral control and that is not manifest only in repeated criminal or antisocial conduct ;broadly : mental illness NOTE: Mental disease and mental illness are in general use synonymous, but mental disease has developed a settled meaning in criminal law while mental illness is often explained or defined by reference to the medical community's understanding of the term. ...


redhibitory defect

redhibitory defect in the civil law of Louisiana : a defect that renders a thing useless or so diminishes its usefulness or value that it must be presumed that the buyer would not have bought it or would have paid a lesser price if aware of the defect [a seller is deemed to know that the thing he sells has a redhibitory defect when he is a manufacturer of that thing "Louisiana Civil Code"] called also redhibitory vice NOTE: A seller that knows of a redhibitory defect but omits to declare it, or that declares the thing to have a quality he or she knows it does not, is liable for return of the purchase price with interest and for damages, other expenses, and reasonable attorney's fees. The seller may, however, be allowed credit for value resulting from the use or fruits of the thing. ...


Defective

Wanting in something incomplete lacking a part deficient imperfect faulty applied either to natural or moral qualities as a defective limb defective timber a defective copy or account a defective character defective rules...


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