Substantial Capacity Test - Law Dictionary Search Results
Home Dictionary Name: substantial capacity testsubstantial capacity test
substantial capacity test : a test used in many jurisdictions when considering an insanity defense which relieves a defendant of criminal responsibility if at the time of the crime as a result of mental disease or defect the defendant lacked the capacity to appreciate the wrongfulness of his or her conduct or to conform the conduct to the requirements of the law called also ALI test Model Penal Code test compare diminished capacity, irresistible impulse test, m'naghten test NOTE: This test was first formulated in the Model Penal Code and has been adopted by many jurisdictions. ...
diminished capacity
diminished capacity 1 : an abnormal mental condition that renders a person unable to form the specific intent necessary for the commission of a crime (as first-degree murder) but that does not amount to insanity called also diminished responsibility partial insanity compare insanity, irresistible impulse test, m'naghten test, substantial capacity test 2 a : a defense based on a claim of diminished capacity b : the doctrine that diminished capacity may negate an element of a crime NOTE: If diminished capacity is shown, negating an element of the crime with which a defendant is charged, the defendant can only be convicted of a lesser offense that does not include the element. ...
irresistible impulse test
irresistible impulse test : a test used in some jurisdictions when considering an insanity defense that involves a determination of whether an impulse to commit a criminal act was irresistible due to mental disease or defect regardless of whether the defendant knew right from wrong compare diminished capacity, durham rule, m'naghten test, substantial capacity test ...
ALI test
ALI test : substantial capacity test ...
Model Penal Code test
Model Penal Code test : substantial capacity test ...
Durham rule
Durham rule [from Durham v. United States, 214 F.2d 862 (1954), a case heard by the District of Columbia Court of Appeals that established the rule] : a rule of criminal law used in some states that holds that in order to find a defendant not guilty by reason of insanity the defendant's criminal act must be the product of a mental disease or defect compare irresistible impulse test, m'naghten test, substantial capacity test ...
Substantial part
Substantial part, might suggest a quantitative test, or at least the ability to identify some discrete part which, or quantitative or qualitative grounds, can be regarded as substantial, it is clear upon the authorities that neither is the correct test, L.B. (Plastics) Ltd. v. Swish Products Ltd., (1979) RPC 551....
Substantial question of law
Substantial question of law, the proper test for determining whether a question of law raised in the case is substantial would, in our opinion, be whether it is of general public importance or whether it directly and, substantially affects the rights of the parties and if so whether it is either an open question in the sense that it is not finally, settled by this court or by the Privy Council or by the Federal Court or is not free from difficulty or calls for discussion of alternative views. If the question is settled by the highest court or the general principles to be applied in determining the question are well-settled and there is a mere question of applying those principles or that the plea raised is palpably absurd the question would not be a substantial question of law, Chunilal V. Mehta v. Century Spq & Mfg. Co. Ltd., AIR 1962 SC 1314 (1318): 1962 Supp (3) SCR 549. [Constitution of India, Art. 133(1)]What is a substantial question of law would certainly depend upon fact and ci...
Substantive capacity
Substantive capacity, means capacity other than an officiating or temporary capacity and would imply that the holder thereof had a lien on his post, Prem Nath Sharma v. Vice-Chancellor, Lucknow, University, AIR 1959 All 618.Substantive capacity, the emphasis imparted by the adjective 'substantive' is that a thing is substantive if it is 'an essential part or constituent or relating to what is essential'. The Court may describe a capacity as substantive if it has 'independent existence' or is of 'considerable amount or quantity'. What is independent in a substantial measure may reasonably be described as subs-tantive. Therefore, when a post is vacant, however designated in officiates, the capacity in which the person holds the post has to be ascertained by the State. Substantive capacity refers to the capacity in which a person holds the post and not necessarily to the nature or character of the post. To approximate to the official diction used in this connection, we may well say that a...
Status - capacity
Status - capacity, the fundamental difference bet-ween status and capacity is that the former is a legal State of being while the latter is a legal power of doing. Status determines a person's legal condition in community by reference to some legal class or group and cannot normally be voluntarily changed. The imposition of status carries with its attribution of a fixed quota of capacity and incapacities, but it does not directly compel the holder to do or refrain from doing any particular act. Capacity, on the other hand, is a legally conferred power to affect the rights of oneself and other persons to whom the exercise of the capacity is directed, subject to certain generally and legally defined limits - limits which vary in relation to each particular form of capacity. Capacity in this form is an incident of status, Mahalinga Thambiran Swamigal v. AIR 1974 SC 199 (206): (1974) 2 SCR 74....
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