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If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Legal Definitions - qualification
Simple Definition of qualification
A "qualification" refers to the necessary qualities or conditions an individual must possess to be eligible for a position, office, or to perform a specific duty. It can also mean a modification or limitation placed on terms or language, restricting an otherwise broad interpretation.
Definition of qualification
In a legal context, the term qualification can have two primary meanings:
1. The possession of necessary qualities or properties to be eligible for a position, office, or to perform a public duty.
This refers to the inherent characteristics, skills, or legal requirements an individual must meet to be considered fit or capable for a particular role or responsibility.
Example 1 (Professional License): To become a licensed medical doctor, a person must meet several qualifications, including graduating from an accredited medical school, completing a residency program, and passing a national medical licensing examination.
Explanation: This illustrates the specific educational, experiential, and testing requirements legally necessary for an individual to be eligible to practice medicine.
Example 2 (Holding Public Office): A candidate running for a seat on the city council must satisfy certain qualifications, such as being a resident of the city for a specified period, being at least 18 years old, and not having a felony conviction.
Explanation: This shows the inherent and legal requirements an individual must possess to be eligible to hold a particular public office.
Example 3 (Jury Duty): To serve on a jury, potential jurors must meet certain qualifications, typically including U.S. citizenship, being at least 18 years old, and being able to understand English.
Explanation: This demonstrates the necessary properties for an individual to be legally eligible to perform the public duty of a juror.
2. A modification or limitation placed upon terms or language, often restricting a statement that would otherwise be interpreted broadly.
This refers to a condition or clause that narrows the scope or application of a general statement, agreement, or right.
Example 1 (Contractual Agreement): A software license agreement broadly stated that the user could install the software on "any personal device." However, a qualification later in the agreement specified that this right was limited to devices owned by the user and not shared with others.
Explanation: Here, the initial broad statement about installation rights was restricted and made more specific by a subsequent condition, modifying its original scope.
Example 2 (Legal Document/Will): A will might state, "I leave all my real estate to my eldest child." However, a qualification could be added, "provided they maintain the property in its current condition for at least five years after my passing."
Explanation: In this scenario, the general bequest of real estate is made conditional and therefore limited by a specific requirement, altering the absolute nature of the gift.
Example 3 (Policy Statement): A company's new remote work policy broadly stated that "all employees are eligible to work from home." A subsequent qualification clarified that eligibility was contingent upon the employee having a secure internet connection and a dedicated workspace.
Explanation: This illustrates how a general policy statement was narrowed and made conditional by specific requirements, restricting its universal application.