Also known as: capacity · capacities · capacitated · capacitating · legal capacity · capacity to contract
Written by attorneys · grounded in primary & secondary sources — see below
The legal qualification or ability of a person or entity to perform a particular act, understand its consequences, or participate in legal proceedings.
Cynthia Cortez suffered from schizophrenia that produced a defect in her reasoning. At the time she set fire to a building, the illness prevented her from knowing her actions were wrongful. The court acquitted her because she lacked capacity under the traditional test.
Carlos Castillo made an out-of-court statement offered against him in litigation. Because the statement was made in his individual capacity, it qualified as non-hearsay and was admitted against him.
Cassandra Cooper, an officer of Coastal Shipping, approved a risky contract while performing her officer functions. She owed a duty to act in good faith and with the care a person in a like position would reasonably exercise.
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Caitlin Crowley, a lawyer, reasonably believed her client Charlotte Chung had diminished capacity and faced substantial financial harm. Crowley consulted a family member and sought appointment of a conservator to protect the client.
Cody Callahan drove a vehicle knowing that ordinary drivers and vehicles have limited braking capacity on wet roads. His failure to account for that common capacity supported a finding that he should have recognized the risk of harm.
Cypress Technologies, an unincorporated entity with capacity to sue and be sued, was sued as a defendant. It was deemed to reside in any judicial district where it was subject to personal jurisdiction for the action.
A defendant must prove a disease of the mind caused a defect in reasoning that prevented knowing the actions were wrongful or understanding their nature and quality. Mere belief that conduct is morally right is insufficient without loss of capacity to recognize societal views of wrongfulness.
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A lawyer may act when the client has diminished capacity, faces substantial harm, and cannot adequately protect personal interests. Protective steps include consulting appropriate persons or seeking appointment of a guardian or conservator.
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An entity with capacity to sue and be sued is deemed to reside, as a defendant, in any district where it is subject to personal jurisdiction for the action, and as a plaintiff only in the district of its principal place of business.
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…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…