Also known as: capacities · capacitate · capacitates · capacitated · capacitating · legal capacity · capacity to contract
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
The legal power or qualification that enables a person to enter into binding relations or perform acts with legal effect. This qualification may turn on age, mental soundness, or other statutory criteria at the time of the act.
The legal power or qualification that enables a person to enter into binding relations or perform acts with legal effect. This qualification may turn on age, mental soundness, or other statutory criteria at the time of the act.
Select any source to read its text and confirm it supports the definition.
The role or position in which a person performs an act, such as acting individually or on behalf of another.
Select any source to read its text and confirm it supports the definition.
The role or position in which a person performs an act, such as acting individually or on behalf of another.
Each sense below has its own examples, sources, and questions.
Claire Campbell, charged with arson, presents psychiatric evidence that a disease of the mind prevented her from knowing her act was wrongful at the time she set the fire. The court applies the M'Naghten test and acquits her because she lacked the required capacity to recognize the wrongfulness of her conduct.
Colin Chambers, a lawyer, reasonably believes his client Cynthia Cortez has diminished capacity and faces financial harm from an exploitative relative. Chambers consults a social worker and petitions for a conservator to protect her interests.
Connor Clark leaves a heavy object unsecured on a scaffold above a public walkway. When it falls and injures a passerby, the court charges him with negligence because a reasonable person must know the ordinary capacities of gravity and falling objects.
Canyon Construction, an unincorporated entity, is sued in federal court. It maintains its principal place of business in the Northern District. The court deems it a resident of that district for venue purposes because it has the capacity to sue and be sued under applicable law.
A defendant must show a disease of the mind caused a defect of reason that prevented knowing the act was wrongful or understanding its nature and quality. Mere inability to control impulses does not satisfy the test.
Supporting sources
A lawyer may act when the client faces substantial harm, cannot adequately protect personal interests, and the lawyer reasonably believes diminished capacity exists. Permissible steps include consulting others or seeking appointment of a guardian.
Supporting sources
An entity with capacity to sue and be sued is deemed to reside, as defendant, in any district where it is subject to personal jurisdiction and, as plaintiff, only in the district of its principal place of business.
Supporting sources
Carlos Castillo sues his former employer. At trial the employer offers a statement Castillo made during a meeting in his individual capacity as an employee. The court admits the statement as non-hearsay because it was made by the opposing party in that capacity.
Cade Carpenter, an officer of Crestview Holdings, approves a risky contract while performing his officer duties. The board later sues him for breach. The court measures his conduct against the standard of care required when acting in that capacity under the statute.
A statement made in an individual capacity is offered against the party personally. A statement made in a representative capacity binds the party when offered against it as an opposing party admission.
Supporting sources
…the office. Mr. Lee observed that the Secretary of State's duties are of two kinds and he exercises functions in two distinct capacities: as a public ministerial officer of the United States and as agent of the President. In the first capacity his duty is to the United States or its citizens; in the other his duty is to the…