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Simple English definitions for legal terms

competent

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A quick definition of competent:

The word "competent" is used in different legal situations, such as in court cases and employment. It means having the ability to do something well, like performing a job or making good decisions. In court, evidence and witnesses must be competent, which means they are relevant and can be used to prove something. In employment, being competent means having the right skills and qualifications for a job. When someone is accused of a crime, they must be competent to understand what is happening and to work with their lawyer. In other legal situations, like executing a will or suing a professional for malpractice, being competent means having the necessary knowledge and skills to do the job correctly.

A more thorough explanation:

The term competent refers to the ability to act in a given situation, including the ability to perform a job or occupation, make decisions, or reason. It is used in various legal contexts, such as procedure, evidence, and employment.

In criminal and civil procedure, a court of competent jurisdiction is a court with the power to adjudicate the case before it. Evidence presented in a case must also be competent, meaning it is admissible, material, and relevant to the fact(s) sought to be proved. A competent witness is one who is legally qualified to testify in court.

In a criminal proceeding, a defendant is competent if they possess a sufficient present ability to consult with their lawyer with a reasonable degree of rational understanding. Additionally, they should have a rational and factual understanding of the proceedings against them. A criminal defendant must also be competent to enter a plea.

Competent also appears in the context of employment rights. For example, under the California Education Code, competent refers to the specific skills or qualifications required of an applicant and does not relate to prior on-the-job performance.

In professional malpractice actions, the term "minimally competent" is used to refer to the degree of skill and knowledge that a professional provides. In a state supreme court decision, it was further explained that a minimally competent professional is one whose skills and knowledge are sufficient to meet the licensure or certification requirements for the profession or specialty practiced.

In the execution of wills, it is required that the executor be legally competent.

  • A court of competent jurisdiction has the power to adjudicate the case before it.
  • Competent evidence is admissible, material, and relevant to the fact(s) sought to be proved.
  • A competent witness is legally qualified to testify in court.
  • A minimally competent professional has skills and knowledge that meet the licensure or certification requirements for their profession or specialty.
  • The executor of a will must be legally competent.

These examples illustrate how the term competent is used in various legal contexts, such as procedure, evidence, and employment. They show that competence is required in different situations, such as in the ability to perform a job, make decisions, or reason. They also demonstrate that competence is necessary for legal proceedings, such as in the ability to enter a plea or testify in court.

competence | competent evidence

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texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
i've been away for a while what were the most recent waves? any this week?
lilypadfrog
8:12
hi shawties
lilypadfrog
8:16
who’s getting into a law school today raise your hand
jackfrost11770
8:28
I sure hope so at this point
lilypadfrog
8:28
woooo
lilypadfrog
8:28
jackfrost for law school
jackfrost11770
8:29
LILYPADFROG FOR LAW SCHOOL
jackfrost11770
8:29
I really just love how now there's an executive order that says I don't exist as a person
jackfrost11770
8:29
Do I not have to pay taxes now? Loans? What now
lilypadfrog
8:34
you should probably assume this means your law school will be free
GreyCeaselessMammoth
8:34
i love that there's an executive order that we're all female now
jackfrost11770
8:38
I think so yeah. I think I don't have to pay for anything anymore
Trismegistus
8:40
can someone release today my god
lilypadfrog
8:41
i’m boutta release
sounding like that one guy in here who kept saying he was cumming
Dkk
8:43
Was that me cus I just released.
lilypadfrog
8:44
Wahoowa
Dkk
8:45
AI Overview +1 "Wahoowa" is a cheer and greeting used by fans of the University of Virginia (UVA).
Dkk
8:45
Learned something new today. I can sleep knowing I learned something today.
lilypadfrog
8:48
https://en.m.wikipedia.org/wiki/Dalgona I just learned about these things. Apparently they’re featured in Squid Game, but I think Squid Game is just a ripoff of the original Mr Beast Games
I learned today the term fight fire with fire comes from the early day of fire fighting when departments would just bulldoze buildings and then burn them in an attempt to stop a fire from spreading. So to stop fire from burning shit they would burn down other buildings in a more violent and destructive way thus lowering the fires moral so much it refuses to spread and work.
GreyCeaselessMammoth
8:51
that's like basically how wildland firefighting still works
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