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capacity definition - legal

n

  1. The function, office, position, or role in which one acts.
  2. A legal qualification, such as age, that determines oneÂ’s ability to do something that has legal consequences (such as making a contract or getting married). Also called legal capacity.
  3. The mental ability to perceive, understand, and appreciate all relevant facts, to make a rational decision based thereon, and to understand the nature and effect of oneÂ’s actions. See also sane.
criminal capacity
The mental ability required to sufficiently distinguish right from wrong to hold a person liable for his criminal acts. See also insanity and infancy.
diminished capacity
Reduced mental ability caused by such factors as alcohol or drug use, disease, mental retardation, or injury, that prevents a person from sufficiently distinguishing right from wrong to hold them liable for his criminal acts. See also insanity.
testamentary capacity
. The mental ability a person must have at the time he signs a testamentary document, such as a will, for the instrument to be valid. Although it varies from state to state, it usually requires the person to understand who are the natural objects of his bounty, the nature and extent of his property, and the consequences of executing the document. See also mind.

Webster's New World Law Dictionary Copyright © 2006 by Wiley Publishing, Inc., Hoboken, New Jersey.
Used by arrangement with John Wiley & Sons, Inc.

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