Also known as: legal capacities · capacity
Written by attorneys · grounded in primary & secondary sources — see below
The mental or legal ability required to understand the nature and consequences of a legal act or to perform a particular legal function or role.
Levi Lowe, diagnosed with schizophrenia, stabbed a neighbor while believing the neighbor was an alien invader sent to destroy him. At trial Levi proved that his disease prevented him from knowing the act was wrongful under the law. The court acquitted him because he lacked the capacity to recognize that society regarded his conduct as wrong.
Luke Latham, suffering from advanced dementia, made statements to his business partner about authorizing a contract. When the partner later sued, the statements were offered against Luke. The court excluded them because Luke lacked capacity at the time to understand their nature and consequences.
Select any source to read its text and confirm it supports the definition.
Layla Lane, president of Lunar Dynamics and suffering from untreated cognitive decline, approved a risky acquisition without reviewing financial projections. Shareholders sued for breach. The court held she lacked capacity to appreciate the transaction's risks and consequences.
Landon Long's client, an elderly woman with advancing dementia, refused to pay nursing-home bills and faced eviction. The lawyer reasonably believed the client could not protect her own interests. The lawyer consulted the client's daughter and petitioned for appointment of a conservator.
Latoya Lane signed a release before participating in a contact-sport event. During the event another participant caused her injury. The court held the release effective because Latoya possessed the capacity to consent and the conduct fell within the scope of the consent given.
Leonard Lowe, while competent to make a will, transferred his only significant asset to a distant relative without considering the effect on his dependent spouse. After Leonard's death the spouse challenged the transfer. The court set it aside because Leonard lacked capacity to understand the gift's impact on his future financial security.
Under the M'Naghten rule, a defendant must prove a disease of the mind caused a defect of reason so that he lacked capacity to know his actions were wrongful or to understand their nature and quality. Inability to control conduct alone does not satisfy the test.
Supporting sources
A lawyer may act when the client has diminished capacity, faces substantial harm, and cannot adequately protect personal interests. Permissible steps include consulting family members or seeking appointment of a guardian or conservator.
Supporting sources
The donor must also understand the gift's potential effect on the donor's future financial security and on anyone dependent on the donor.
Supporting sources
A minor generally lacks testamentary capacity, rendering any purported will void. Emancipation under governing law may remove the minor status and confer capacity for that purpose.
Supporting sources
Consent is ineffective if given by a person who lacks legal capacity because of youth, mental impairment, unconsciousness, or intoxication.
Supporting sources
…before it admits an applicant to the bar, but any qualification must have a rational connection with the applicant's fitness or capacity to practice law. Douglas v. Noble , 261 U. S. 165; Cummings v. Missouri , 4 Wall. 277, 319-320. Cf. Nebbia v. New York , 291 U. S. 502. Obviously an applicant could not be excluded…