mental capacity or competence

mental capacity or competence
Term contemplates the ability to understand the nature and effect of the act in which a person is engaged and the business he or she is transacting. Jones v. Traders & General Ins. Co., Tex.Civ.App., 144 S.W.2d 689, 694.
Such a measure of intelligence, understanding, memory, and judgment relative to the particular transaction (e.g. making of will or entering into contract) as will enable the person to understand the nature, terms, and effect of his or her act. Conley v. Nailor, 118 U.S. 127, 6 S.Ct. 1001, 30 L.Ed. 112.
See also capacity

Black's law dictionary. . 1990.

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  • mental capacity or competence — Term contemplates the ability to understand the nature and effect of the act in which a person is engaged and the business he or she is transacting. Jones v. Traders & General Ins. Co., Tex.Civ.App., 144 S.W.2d 689, 694. Such a measure of… …   Black's law dictionary

  • mental capacity — index apprehension (perception), competence (sanity), comprehension, intellect, intelligence (intellect) …   Law dictionary

  • mental capacity — noun mental ability he s got plenty of brains but no common sense • Syn: ↑brain, ↑brainpower, ↑learning ability, ↑mentality, ↑wit • Derivationally related forms: ↑mental ( …   Useful english dictionary

  • capacity — ca·pac·i·ty n pl ties 1: a qualification, power, or ability (as to give consent or make a testament) created by operation of law 2: an individual s ability or aptitude; esp: mental ability as it relates to responsibility for the commission of a… …   Law dictionary

  • mental state — Capacity or condition of one s mind in terms of ability to do or not do a certain act. See mental capacity or competence …   Black's law dictionary

  • mental state — Capacity or condition of one s mind in terms of ability to do or not do a certain act. See mental capacity or competence …   Black's law dictionary

  • competence — com·pe·tence / käm pə təns/ n: the quality or state of being competent: as a: possession of sufficient knowledge or skill b: legal authority, ability, or admissibility a court of general competence the competence of witnesses challenge the… …   Law dictionary

  • Competence — may refer to: Competence (biology), the ability of a cell to take up DNA Competence (geology), the resistance of a rock against either erosion or deformation Competence (human resources), a standardized requirement for an individual to properly… …   Wikipedia

  • mental competence — n MENTAL CAPACITY …   Medical dictionary

  • Competence (law) — Evidence Part of the …   Wikipedia

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