Simple English definitions for legal terms
Read a random definition: consecutive tortfeasors
Present ability refers to the power or capacity to do something right now. This can include the ability to perform a legal act, like signing a contract, or the ability to commit a crime. It means that the person has the immediate ability to carry out the action in question.
Definition: Present ability refers to the actual, immediate power to do something, especially to commit a crime.
Example 1: A person who is holding a gun and pointing it at someone has present ability to shoot and harm that person.
Example 2: If a person is physically present at the scene of a crime and actively participating in it, they have present ability to commit that crime.
These examples illustrate that present ability is about the immediate power to do something, whether it is harmful or legal. It is not just about having the capacity or potential to do something, but actually being in a position to carry it out at that moment.