define shall be competent when used in law
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TITLE 40.1 Behavioral Healthcare, Developmental Disabilities and Hospitals § 40.1-5.3-3 Competency to stand trial. – (a) Definitions. As used in this section: (1) Attorney for the state means the attorney general, an authorized assistant attorney general, or such other person as may be authorized by law to act as a representative of the state in a criminal proceeding; (2) Competent or competency means mental ability to stand trial. A person is mentally competent to stand trial if he or she is able to understand the character and consequences of the proceedings against him or her and is able properly to assist in his or her defense; (3) Department means the state department of mental health, retardation, and hospitals.
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What is MANDATORY? The action of mandamus is one, brought in a court of competent jurisdiction, to obtain an older of such court commanding an inferior tribunal, board, corporation, or person to do or not to do an act the performance or omission of which the law enjoins as a duty resulting from an office, trust, or station.
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Search Legal Terms and Definitions Sometimes referred to as to a moral certainty, the phrase is fraught with uncertainty as to meaning, but try: you better be damned sure.. By comparison it is meant to be a tougher standard than preponderance of the evidence, used as a test to give judgment to a plaintiff in a civil (non-criminal) case.
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Capacity Law and Legal Definition Capacity Law and Legal Definition. Capacity is subject to different meanings, but in the legal sense, it refers to the ability to make a rational decision based upon all relevant facts and considerations. In criminal law, the defendant must have the capacity to understand the wrongfulness of his or her actions.
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Competent -2Can ebi tutorials ... competent [L. competent ia-meeting together, agreement, symmetry]. Displaying competence. Competent. - Refers to bacteria l cells that are able to take up exogenous DNA. Complementary DNA ...Synonym: In competent, unfit, unable, insufficient, inadequate, deficient, disqualified.See In competent.2Can ebi tutorials ... competent [L. competent ia-meeting together, agreement, symmetry]. Displaying competence. Competent. - Refers to bacteria l cells that are able to take up exogenous DNA. Complementary DNA ...
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Occupational Safety and Health Administration By way of training and/or experience, a competent person is knowledgeable of applicable standards, is capable of identifying workplace hazards relating to the specific operation, and has the authority to correct them. Some standards add additional specific requirements which must be met by the competent person.
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- (c) “Code” means the Code of Conduct as mentioned in the Schedule to this. Act; (d) “Competent Authority” means the authority as may be designated by the. management for the purposes of this Act; 1 Substituted by the Punjab Protection Against Harassment of Women at the Workplace (Amendment) Act, 2012. (Act III of 2013) 2 Substituted by the Punjab Protection Against Harassment of Women at the Workplace (Amendment) Act, 2012.
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- Duly is defined as at the right time or as expected. An example of duly is a person showing up when they were supposed to arrive. in a due manner; specif., 1  as due; rightfully. 2  when due; at the right time.  as required; sufficiently.
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In Personam Law and Legal Definition In Personam Law and Legal Definition. In personam in a Latin term meaning directed toward a particular person. In a lawsuit in which the case is against a specific individual, the court must have in personam jurisdiction over that person in order to try the case. In addition to the mandatory requirement of having subject-matter jurisdiction, a court needs to acquire in personam jurisdiction over the respondent/defendant.
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competent competent. adj. 1) in general, able to act in the circumstances, including the ability to perform a job or occupation, or to reason or make decisions. 2) in wills, trusts and contracts, sufficiently mentally able to understand and execute a document.
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Good to know A Competent Authority is the body, which has the authority to act on behalf of the government of a member state to ensure that the requirements of the medical devices directives are carried out in that particular member state.
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What Constitutes a Legal Will? A testator is of sound mind -- what courts call testamentary capacity -- if she understands the nature and extent of her property, knows to whom she wishes to leave the property and knows that the document she is signing relates to the distribution of her property when she dies.
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legal forces legal forces. Powers and limitations that arise from legislation and interpretation of laws, and which impel or restrain individual or organizational activities. You Also Might Like... Shall is a word that has certainly come to be replaced in American English language by using the word will instead.
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purpose Associated concepts: business purpose, charitable purpose, intent, malice, unlawful purpose. Foreign phrases: Lex neminem cogit ad vana seu inutilia perrgenda.The law compels no one to do futile or useless things. Lex nil facit frustra, nil jubet frustra. The law does not do anything nor commands anyone to do anything which wouldbe futile. Impunitas continuum affectum tribuit delinquendi. Impunity confirms the disposition of a delinquent.
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What is the supreme law of the land in the United States? The US Constitution is the highest level of law in the United States. The phrase, shall be made in pursuance thereof indicates the Constitution is the ultimate authority to which all other laws and treaties must conform.
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Marbury v. Madison (1803) It has been stated at the bar that the appellate jurisdiction may be exercised in a variety of forms, and that if it be the will of the legislature that a mandamus should be used for that purpose, that will must be obeyed. This is true; yet the jurisdiction must be appellate, not original.
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What Constitutes a Legal Will? A will is a testator's final directive about her property. A valid will effectively disposes of all of the testator's assets after her death according to her own choices. In order for a will to be valid, the testator must be competent, must intend to make a will and must execute the document according to state law.
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Translations for mens rea The standard common law test of criminal liability is usually expressed in the Latin phrase, actus reus non facit reum nisi mens sit rea, which means the act is not culpable unless the mind is guilty.
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Terms & Acronyms Required by law means a mandate contained in law that compels an entity to make a use or disclosure of protected health information and that is enforceable in a court of law.
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Capacity to Contract Law and Legal Definition Capacity to Contract Law & Legal Definition. Capacity to contract means the legal competence of a person to enter into a valid contract.Usually the capacity to contract refers to the capacity to enter into a legal agreement and the competence to perform some act. The basic element to enter into a valid contract is that s/he much have a sound mind.apacity to Contract Law & Legal Definition. Capacity to contract means the legal competence of a person to enter into a valid contract.
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Deem Definition: The words deem, deemed and shall be deemed when used in statutes usually imply an element of finality, but that meaning is not inflexible or invariable.
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- A few organs, such as the kidneys and pancreas, lie between the peritoneal lining and the muscular wall of the abdominal cavity. Those organs are said to be retroperitoneal (retro, behind). The pelvic cavity is the portion of the ventral body cavity inferior to the abdominal cavity. few organs, such as the kidneys and pancreas, lie between the peritoneal lining and the muscular wall of the abdominal cavity. Those organs are said to be retroperitoneal (retro, behind). The pelvic cavity is the portion of the ventral body cavity inferior to the abdominal cavity.
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LEGAL CAPACITY Related Legal Terms & Definitions. CAPACITY Legal capacity is the attribute of a person who can acquire new rights, or transfer… CAPACITY OF PARTIES The mental competence or legal capacity of each of the parties and which is required… DISPOSING CAPACITY OR MIND These are alternative or synonymous phrases in the law of wills for sound mind, and…
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competent Competent. Possessing the necessary reasoning abilities or legal qualifications; qualified; capable; sufficient. A court is competent if it has been given jurisdiction, by statute or constitution, to hear particular types of lawsuits.
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Using the correct terms â Shall, Will, Should Don’t think of “shall” as a word, but rather as an icon that SCREAMS: “This is a requirement.” If a statement does not contain the word “shall” it is not a requirement. In know…I know, “shall” is rather stilted and you probably don’t use it that often when talking with your pals, but use it when writing requirements. Remember, we are trying to communicate and it is much easier if we agree on the terms. Facts or Declaration of Purpose. Will is used to indicate a statement of fact.
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The World Law Dictionary Project Database of language resources. The world’s largest database of language resources for learning Legal English. Produced by US and UK lawyers over the course of 20 years and all linked to the World Law Dictionary. duly authorised representative noun.