Competence (law)
Competence (law) is a term used in legal discourse to denote the mental capacity of an individual to participate in legal proceedings or transactions, and the legal sufficiency of an act.
Pronunciation
/kɒmpɪtəns/
Etymology
The term "competence" originates from the Latin word "competentia", meaning meeting together, agreement, symmetry. It has been used in English since the early 17th century to refer to the legal capacity of a person or entity.
Definition
In legal terms, competence refers to the ability of an individual to understand and participate in a legal process. Competence is a key factor in determining whether a person can be a party to legal proceedings, make a legal contract, or make decisions about personal or financial matters.
Related Terms
- Capacity: This is a broader term that includes competence. It refers to the legal ability of a person to enter into a contract.
- Incompetence: This is the opposite of competence. It refers to a person's lack of legal ability to perform an act.
- Guardianship: When a person is found to be incompetent, a guardian may be appointed to make decisions on their behalf.
- Mental Health Law: This area of law often deals with issues of competence, particularly in relation to decisions about treatment and care.
See Also
External links
- Medical encyclopedia article on Competence (law)
- Wikipedia's article - Competence (law)
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