Also known as: legal disabilities · legally disabled · disability · incapacity
Written by attorneys · grounded in primary & secondary sources — see below
A status or condition recognized by law that impairs a person's ability to exercise legal rights or perform certain acts. Minority, mental incompetence, and physical disability are common examples. The condition may toll statutes of limitations, render transactions void, or adjust the standard of conduct required in negligence cases.
State legislators direct appointment of electors but discover that one nominee is a sitting federal judge. The legislature refuses to certify the nominee. The constitutional disqualification prevents service as an elector even though the state has the requisite number of senators and representatives.
During a trial, a party moves to disqualify the presiding judge after discovering the judge made repeated derogatory remarks about litigants with documented mental disabilities. The court grants the motion. The judge's conduct manifesting bias based on disability violates the duty of impartiality and requires reassignment of the case.
Select any source to read its text and confirm it supports the definition.
A partner at a firm repeatedly mocks an associate's use of a wheelchair during client meetings and refuses to assign the associate to cases involving physical-access issues. The associate files a grievance. The partner's conduct constitutes harassment on the basis of disability in the practice of law and subjects the partner to professional discipline.
Lars Lindstrom mails an offer to sell his lakefront cabin to Leo Lynch. Before Leo can accept, Lars suffers a stroke that leaves him permanently unable to manage his affairs. Leo's attempted acceptance arrives the next day. Lars's legal disability terminates the power of acceptance and prevents formation of a contract.
Lucia Lopez, who uses a prosthetic leg, drives her car during a sudden snowstorm and collides with another vehicle. The other driver claims negligence. Because Lucia's physical disability is taken into account, the court measures her conduct against the standard of a reasonable person under the same disability rather than an able-bodied driver.
Lily Lopez receives Social Security disability benefits until the agency determines her condition has improved. The agency provides written notice and an opportunity to respond in writing before termination. Lily requests a later evidentiary hearing. The pre-termination procedures satisfy due process even though Lily remains under a legal disability.
When the true owner is under a legal disability such as minority or mental incompetence at the time adverse possession begins, the statute is tolled until the disability ends. The owner then receives the full statutory period or a shortened period after removal of the disability to bring suit.
A minor lacks testamentary capacity unless emancipated for that specific purpose. An emancipation order that addresses only contract or financial matters does not automatically remove the disability for will-making, so the will is void.
A physically disabled actor is held to the standard of a reasonable person under the same disability rather than the ordinary reasonable-person standard. The disability must be genuine and the conduct measured accordingly.
…BRENNAN, J., filed a dissenting opinion, in which MARSHALL, J., joined. Syllabus The respondent was awarded Social Security disability benefits in 1968. In March 1972, he received a questionnaire from the state agency charged with monitoring his medical condition. After he returned the questionnaire, the agency requested…