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Incompetency
Incompetency1) French law. The state of a judge who cannot take cognizance of a dispute brought before him; it implies a want of jurisdiction. 2) Evidence. The want of legal fitness, or ability in a witness to be heard as such on the trial of a cause. RELATED TERMS-------------------------------------- Law A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system. State 1) Government. In its most enlarged sense, it signifies a self-sufficient body of persons united together in one community for the defence of their rights, and to do right and justice to foreigners. In this sense, the state means the whole people united into one body politic; and the state, and the people of the state, are equivalent expressions. 2) Condition of persons. This word has various acceptations. If we inquire into its origin, it will be found to come from the Latin status, which is derived from the verb stare, sto, whence has been made statio, which signifies the place where a person is located, stat, to fulfil the obligations which are imposed upon him. Judge An elected or appointed public official with authority to hear and decide cases in a court of law. Take This is a technical expression which signifies to be entitled to; as, a devisee will take under the will. To take also signifies to seize, as to take and carry away. Jurisdiction Practice. A power constitutionally conferred upon a judge or magistrate, to take cognizance of, and decide causes according to law, and to carry his sentence into execution. The tract of land or district within which a judge or magistrate has jurisdiction, is called his territory, and his power in relation to his territory is called his territorial jurisdiction. Evidence Proof of fact(s) presented at a trial. The best and most common method is by oral testimony; where you have an eye-witness swear to tell the truth and to then relate to the court (or jury) their experience. Evidence is essential in convincing the judge or jury of your facts as the judge (or jury) is expected to start off with a blank slate; no preconceived idea or knowledge of the facts. So it is up to the opposing parties to prove (by providing evidence), to the satisfaction of the court (or jury), the facts needed to support their case. Besides oral testimony, an object can be deposited with the court (eg. a signed contract). This is sometimes called "real evidence." In other rarer cases, evidence can be circumstantial. Legal That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust. Witness The regular definition of this word is a person who perceives an event (by seeing, hearing, smelling or other sensory perception). The legal definition refers to the court-supervised recital of that sensory experience, in writing (deposition) or verbally (testimony). Trial Practice., The examination before a competent tribunal, according to the laws, of the land, of the facts put in issue in a cause, for the purpose of determining such issue. Cause 1) Civil law. It signifies the delivery of the thing, or the accomplishment of the act which is the object of a convention. 2) It is the consideration or motive for making a contract. 3) Pleading. The reason; the motive. 4) Practice. A contested question before a court of justice; it is a Suit or action. SIMILAR TERMS-------------------------------------- Income The gain which proceeds from property, labor, or business; it is applied particularly to individuals; the income of the government is usually called revenue. Income and expense declaration The form completed by a parent under oath stating that parent's income, assets, expenses and liabilities. the document is used to help determine child support to be paid by the non Incompatibility Offices, rights. This term is used to show that two or more things ought not to exist at the same time in the same person. Incompetent One who lacks ability, legal qualification, or fitness to manage his own affairs. Inconclusive What does not put an end to a thing. Inconclusive presumptions are those which may be overcome by opposing proof. Incontinence Impudicity, the indulgence in unlawful carnal connexions. Incorporate To form into an artificial body; to create a corporation out of natural persons. Incorporation 1) This term is frequently confounded, particularly in the old books, with corporation. The distinction between them is this, that by incorporation is understood the act by which a corporation is created; by corporation is meant the body thus created. 2) Civil law. The union of one domain to another. Incorporeal Not consisting of matter. Incorporeal hereditament Title, estates. A right issuing out of, or annexed unto a thing corporeal. Incorporeal property Civil law. That which consists in legal right merely; or, as the term is, in the common law, of choses in actions. Incoterms 2000 Incoterms, the internationally accepted and employed terms for contracts of sale, were first published by the International Chamber of Commerce (ICC) in 1936. They were revised in 1953 and reprinted in 1974, including two new terms that had been adopted in 1967, and again in 1976, 1980 and 1990. The latest revision, known as "Incoterms 2000", came into force on January 1, 2000. It modifies some of the existing terms in an updated format for ease of use, providing traders, lawyers, transport officials and insurers with a modern text reflecting the latest changes in the trading environment. PREVIOUS AND NEXT TERMS-------------------------------------- Incipitur Practice. This word, which means "it is begun," signifies the commencement of the entry on the roll. on signing judgment. Inclusive Comprehended in computation. In computing time, as ten days from a particular time, one day is generally to be included and one excluded. Income The gain which proceeds from property, labor, or business; it is applied particularly to individuals; the income of the government is usually called revenue. Income and expense declaration The form completed by a parent under oath stating that parent's income, assets, expenses and liabilities. the document is used to help determine child support to be paid by the non Incompatibility Offices, rights. This term is used to show that two or more things ought not to exist at the same time in the same person. Incompetency Incompetent One who lacks ability, legal qualification, or fitness to manage his own affairs. Inconclusive What does not put an end to a thing. Inconclusive presumptions are those which may be overcome by opposing proof. Incontinence Impudicity, the indulgence in unlawful carnal connexions. Incorporate To form into an artificial body; to create a corporation out of natural persons. Incorporation 1) This term is frequently confounded, particularly in the old books, with corporation. The distinction between them is this, that by incorporation is understood the act by which a corporation is created; by corporation is meant the body thus created. 2) Civil law. The union of one domain to another. We thank you for using the Juridical Dictionary to search for Incompetency. If you have a better definition for Incompetency than the one presented here, please let us know by making use of the suggest a term option. This definition of Incompetency may be disputed by other professionals. Our attempt is to provide easy definitions on Incompetency and any other medical topic for the public at large.
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