Search Results for: INCOMPETENCY

incompetency

incompetency, n. Lack of legal ability in some respect, esp. to stand trial or to testify (once the defense lawyer established her client’s incompetency, the client did not have to stand trial). — Also termed incompetence; mental incompetence. Cf. INCAPACITY. [Cases: Homicide 816; Witnesses 35. C.J.S. Witnesses §§ 87–88, 90, 92.] — incompetent, adj.

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power of attorney

power of attorney. 1. An instrument granting someone authority to act as agent or attorney-in-fact for the grantor. • An ordinary power of attorney is revocable and automatically terminates upon the death or incapacity of the principal. — Also termed letter of attorney. [Cases: Principal and Agent 51.] 2. The authority so granted; specif., the

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pate hearing

Pate hearing. A proceeding in which the trial court seeks to determine whether a criminal defendant is competent to stand trial. Pate v. Robinson, 383 U.S. 375, 86 S.Ct. 836 (1966); 18 USCA §§ 4241–4247. — Also termed competency hearing; incompetency hearing. [Cases: Criminal Law 625.10–625.35. C.J.S. Criminal Law §§ 551, 554–555, 557.]

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incapacity

incapacity. 1. Lack of physical or mental capabilities. 2. Lack of ability to have certain legal consequences attach to one’s actions. • For example, a five-year-old has an incapacity to make a binding contract. 3. DISABILITY (1). 4. DISABILITY(2). Cf. INCOMPETENCY. testimonial incapacity. The lack of capacity to testify. [Cases: Witnesses 35. C.J.S. Witnesses §§

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