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LSDefine

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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windyMagician
16:17
fuck okay
windyMagician
16:17
going to my dream school is crazy
michigan also has better options if you do PD for 10 years then want to do something else
windyMagician
16:19
also would love to clerk for my federal district court even tho I know its hella competitive, I think mich sets me up better?
16:20
would be a great point to bring up when ur deciding / visiting each place- see what recent placement looks like
texaslawhopefully
16:23
For fed clerkships by far Michigan places better. I think it’s like 14-15 percent
windyMagician
16:25
sticker debt is high-key scary tho
texaslawhopefully
16:26
I’m sure you’ll get good merit aid though. Look at Michigan’s 509 report. They’re very generous.
16:34
i am going to wait patiently into january to get into a law school
16:34
then i will start tweaking
texaslawhopefully
16:42
January could not come any sooner
16:54
i hope you guys all have a very lovely holiday season
17:02
has everyone finished procuring their presents?
17:02
I got my sis a vintage leather jacket off ebay she’s gonna freak she only has fake stuff
hi all
CynicalOops
17:14
Ive been slacking so hard on tickets fawk
CynicalOops
17:14
Wait
CynicalOops
17:14
Presents
CynicalOops
17:14
Im just gonna get everyone tickets so thats why i said that
jackfrost11770
17:14
people are so stupid on the internet its crazy
CynicalOops
17:15
T5 soft
windyMagician
17:18
that and the post asking for low gpa success stories along with every other identifying detail
i should be a vtuber so i can finally realize my dream of becoming an anime girl
17:23
@CynicalOops: tickets to what?
CynicalOops
17:26
I got my brother tickets to a golf tournament and im going to get my mom ski lift tickets because she just moved near a ski resort
Dkk
18:08
Nice, I am on bad terms with my siblings so i am getting them nothing and they should get me nothing too and I am getting my mom a gift.
18:16
I just noticed that UMich has the majority of their acceptances really early on. Does anyone know what happens to mid-November applicants? Are we just cooked?
TGM
18:23
How long can I delay sending my fall grades if they hurt my GPA? I’m still waiting on decisions and ideally I’m hoping they decide BEFORE seeing my new grades
TGM
18:27
dropped my GPA below median for a couple of schools I’m applying to, when I was above median before
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