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Dictionary of Law |
incompetent :: legal definitionIncompetent - adj. 1) referring to a person who is not able to manage his/her affairs due to mental deficiency (low I.Q., deterioration, illness or psychosis) or sometimes physical disability. Being incompetent can be the basis for appointment of a guardian or conservator (after a hearing in which the party who may be found to be incompetent has been interviewed by a court investigator and is present and/or represented by an attorney) to handle his/her person and/or affairs (often called "estate"). 2) in criminal law, the inability to understand the nature of a trial. In these cases the defendant is usually institutionalized until such time as he/she regains sanity and can be tried. 3) a generalized reference to evidence which cannot be introduced because it violates various rules against being allowed, particularly because it has no bearing on the case. It may be irrelevant (not sufficiently significant) or immaterial (does not matter to the issues). See also: conservatee conservator guardian incompetency incompetent evidence and Related Law Terms ↓ Related Law Termsabuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will conflict of interest :: n. a situation in which a person has a duty to mor ... a position adverse to the customer. conservatee :: n. a person whom a court has determined because of ... and the like. See also: conservator conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence corporation :: n. an organization formed with state governmental ... ation public corporation securities ejusdem generis :: (eh-youse-dem generous) v adj. Latin for "of the s ... t was of land-based transportation. estate :: n. 1) all that one owns in real estate and other a ... ife estate probate real estate will evidence :: n. every type of proof legally presented at trial ... material object objection relevant extrinsic fraud :: n. fraudulent acts which keep a person from obtain ... it. See also: fraud intrinsic fraud fiduciary relationship :: n. where one person places complete confidence in ... handling. See also: fiduciary trust guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene. impute :: v. 1) to attach to a person responsibility (and th ... also. See also: vicarious liability incompetency :: n. the condition of lacking the ability to handle ... and/or represented by an attorney. incompetent evidence :: n. testimony, documents or things which one side a ... ns. See also: incompetent objection indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity inter vivos :: (in-tur veye-vohs) adj. Latin for "among the livin ... e will. See also: inter vivos trust notice to quit :: n. the notice given by a landlord (owner) to a ten ... h-to-month notice unlawful detainer nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R. proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure state of domicile :: n. the state in which a person has his/her permane ... orated. See also: domicile resident unreasonable search and seizure :: n. search of an individual or his/her premises (in ... e probable cause search and seizure will :: n. a written document which leaves the estate of t ... will and testament probate testator witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will Popular Law Searcheslegal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger." mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor. clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate. Other Law Terms - Ii.e. :: prep. abbreviation for id est, which is Latin for ... "e.g.," which means "for example."illegal :: 1) adj. in violation of statute, regulation or ord ... . See also: alien illegal immigrant illegal immigrant :: n. an alien (non-citizen) who has entered the Unit ... ion date of a visa. See also: alien illusory promise :: n. an agreement to do something that is so indefin ... he may have thought was a contract. immaterial :: adj. a commonly heard objection to introducing evi ... ons. See also: irrelevant objection immediately :: adv. 1) at once. 2) in orders of the court or in c ... oon as can be done" without excuse. immunity :: n. exemption from penalties, payments or legal req ... ws. See also: governmental immunity impanel :: v. to select and install a jury. See also: impanel ... l a jury. See also: impaneling jury impaneling :: n. the act of selecting a jury from the list of po ... e juror jury panel venire voir dire impeach :: v. 1) to discredit the testimony of a witness by p ... ve been found guilty by the Senate. impeachment :: n. 1) discrediting a witness by showing that he/sh ... the trial itself. See also: impeach impleader :: n. a procedural device before trial in which a par ... than having two suits in a series. implied :: adj., adv. referring to circumstances, conduct or ... nt implied consent implied warranty implied consent :: n. consent when surrounding circumstances exist wh ... aybe" or "later." See also: implied implied contract :: n. an agreement which is found to exist based on t ... : contract express contract implied implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied implied warranty :: n. an assumption at law that products are "merchan ... er. See also: caveat emptor implied impossibility :: n. when an act cannot be performed due to nature, ... cel) a contract. See also: contract impotence :: n. the male's inability to copulate. Impotence can ... eans inability to produce children. impound :: v. 1) to collect funds, in addition to installment ... cases. See also: forfeit forfeiture |