law of competence. A law establishing and defining the powers of a government official, including the circumstances under which the official’s pronouncements constitute laws. — Also termed power-delegating law. See jural act under ACT; JURAL AGENT. [Cases: Officers and Public Employees 103. C.J.S. Officers and Public Employees §§ 224–227, 232–233.]
malpractice (mal-prak-tis). An instance of negligence or incompetence on the part of a professional. • To succeed in a malpractice claim, a plaintiff must also prove proximate cause and damages. — Also termed professional negligence. [Cases: Negligence 321. C.J.S. Negligence § 162.] legal malpractice. A lawyer’s failure to render professional services with the skill, prudence,
competency, n. 1. The mental ability to understand problems and make decisions. [Cases: Mental Health 3. C.J.S. Insane Persons§§ 2, 6.] 2. A criminal defendant’s ability to stand trial, measured by the capacity to understand the proceedings, to consult meaningfully with counsel, and to assist in the defense. — Also termed competency to stand trial.
voir dire (vwahr deeralso vor deeror vor dIr), n. [Law French “to speak the truth”] 1. A preliminary examination of a prospective juror by a judge or lawyer to decide whether the prospect is qualified and suitable to serve on a jury. • Loosely, the term refers to the jury-selection phase of a trial. [Cases:
psychiatric examination. Criminal law. An analysis performed by a psychiatrist to determine a defendant’s mental state. • A defendant in a criminal prosecution may undergo a psychiatric examination to determine competence to stand trial or to establish a defense based on some mental condition, such as insanity. — Also (more broadly) termed mental examination. See
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initialia testimonii (i-nish-ee-ay-lee-[schwa] tes-t[schwa]-moh-nee-I). [Law Latin “initial parts of testimony”] Scots law. The preliminary examination of a witness in order to determine the witness’s competence to testify. Cf. IN INITIALIBUS.
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in initialibus (in i-nish-ee-al-[schwa]-b[schwa]s). [Law Latin] Hist. In the preliminary stage. • The phrase appeared in reference to the point in the examination when the initialia testimonii took place to determine the witness’s competence to testify. See INITIALIA TESTIMONII.
in jure (in joor-ee). [Latin “in law”] 1. According to the law. 2. Roman law. Before the praetor or other magistrate. • In jure referred to the first stage of a Roman formulary trial, held before the praetor or other judicial magistrate for the purpose of establishing the legal issues and their competence. Evidence was
imperitia (im-p[schwa]-rish-ee-[schwa]), n. [Latin] Roman law. Lack of skill or competence; inexperience. • The Romans considered imperitia to be a type of culpa that gave rise to liability in tort or liability under a contract calling for the rendering of services (such as a locatio conductio operis).Imperitus could denote a person, such as a judge
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.