capacity


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Capacity

The ability, capability, or fitness to do something; a legal right, power, or competency to perform some act. An ability to comprehend both the nature and consequences of one's acts.

Capacity relates to soundness of mind and to an intelligent understanding and perception of one's actions. It is the power either to create or to enter into a legal relation under the same conditions or circumstances as a person of sound mind or normal intelligence would have the power to create or to enter.

A person of normal intelligence and sound mind has the capacity to dispose of his or her property by will as he or she sees fit.

A capacity defense is used in both criminal and civil actions to describe a lack of fundamental ability to be accountable for one's action that nullifies the element of intent when intent is essential to the action, thereby relieving a person of responsibility for it.

An individual under duress lacks the capacity to contract; a child under the age of seven accused of committing a crime lacks criminal capacity.

capacity

(Aptitude), noun ability, ableness, aptness, capability, capableness, competence, competency, faculty, giftedness, potentiality, power, proficiency, qualification, range, reach, scope, skill, talent
Associated concepts: full capacity, lack of capacity, legal caaacity, lessened capacity, mental capacity, private capacity, proprietary capacity, quasi-judicial capacity, representative capacity, testamentary capacity, want of capacity
Foreign phrases: Sola ac per se senectus donationem testaaentum aut transactionem non vitiat.Old age does not alone and of itself vitiate a will, gift, or transaction. Furiosus stipulare non potest nec aliquid negotium agere, qui non intelligit quid agit. An insane person who knows not what he is doing, cannot contract nor transact any business. Furiosus nullum negotium contrahere potest. An insane person can make no contract. Furiosi nulla voluntas est. A madman has no will. Homo potest esse habilis et inhabilis diversis temmoribus. A man is capable and incapable at different times.

capacity

(Authority), noun accordance, allowance, authorization, certification, charter, consent, control, droit, enablement, jurisdiction, justification, leave, legal capacity, liberty, license, permission, permit, power, prerogative, privilege, qualification, right, sanction, sovereignty, stature, supremacy, warrant
Associated concepts: capacity to sue

capacity

(Job), noun assignment, function, position, role, situation, task

capacity

(Maximum), noun ampleness, amplitude, breadth, compass, comprehensiveness, containing power, extent, full complement, full extent, full volume, fullness, greatest amount, greatest extent, greatest size, holding ability, largeness, limit, limit of endurance, limitation, physical limit, plenitude, reach, room, scope, stretch, tankage, upper limit, volume

capacity

(Sphere), noun ambit, area, arena, bounds, division, domain, extent, field, jurisdiction, limits, orbit, pale, province, reach, realm, region, scope, specialty, stretch, territory
See also: ability, appointment, caliber, cargo, competence, coverage, employment, faculty, fitness, flair, gift, maximum, means, measurement, occupation, office, opportunity, penchant, performance, position, post, potential, propensity, province, pursuit, qualification, role, science, scope, space, sphere, sufficiency, technique

capacity

the ability of a person to effect a legal transaction. The paradigm natural person of full age and sound mind usually has full capacity. Others face limitations from time to time and system to system, such as, for example, the young, the mentally ill and corporations.

CAPACITY. This word, in the law sense, denotes some ability, power, qualification, or competency of persons, natural, or artificial, for the performance of civil acts, depending on their state or condition, as defined or fixed by law; as, the capacity to devise, to bequeath, to grant or convey lands; to take; or to take. and hold lands to make a contract, and the like. 2 Com. Dig. 294; Dane's Abr. h.t.
     2. The constitution requires that the president, senators, and representatives should have attained certain ages; and in the case of the senators and representatives, that out these they have no capacity to serve in these offices.
     3. All laws which regulate the capacity of persons to contract, are considered personal laws; such are the laws which relate to minority and majority; to the powers of guardians or parents, or the disabilities of coverture. The law of the domicil generally governs in cases of this kind. Burge. on Sureties, 89.

References in classic literature ?
That, brother Sancho," said the canon, "only holds good as far as the enjoyment of the revenue goes; but the lord of the seigniory must attend to the administration of justice, and here capacity and sound judgment come in, and above all a firm determination to find out the truth; for if this be wanting in the beginning, the middle and the end will always go wrong; and God as commonly aids the honest intentions of the simple as he frustrates the evil designs of the crafty.
Upon the fact that to the virtues and merits of the civilised Westerner there has become historically added--though this is not his chief point--a capacity for acquiring capital; whereas, not only is the Russian incapable of acquiring capital, but also he exhausts it wantonly and of sheer folly.
It is true, that he is entitled, at times, Antiochus Epimanes -- Antiochus the madman -- but that is because all people have not the capacity to appreciate his merits.
But the doctor, in carrying out a project known only to himself, resolved to fill his balloon only one-half; and, since he had to carry forty-four thousand eight hundred and forty-seven cubic feet of gas, to give his balloon nearly double capacity he arranged it in that elongated, oval shape which has come to be preferred.
If he could have saved his seven shillings, he would certainly have sent me to scramble for a place in the pit of the great university theater; but his purse was empty, and his son was not eligible therefore for admission, in a gentlemanly capacity, at the doors.
She was ready enough to make herself an object of interest to her companions; but she was not possessed of the capacity to arrange events in their proper order, necessary to the recital of the simplest narrative.
You will see that the mysteries which the police discover are, almost without exception, mysteries made penetrable by the commonest capacity, through the extraordinary stupidity exhibited in the means taken to hide the crime.
The capacity which had raised him to fame and fortune was his capacity (unrivalled among his brethren) for the discovery of remote disease.
Then the Lion took his stand in front of the carcass and pronounced judgment: The first quarter is for me in my capacity as King of Beasts; the second is mine as arbiter; another share comes to me for my part in the chase; and as for the fourth quarter, well, as for that, I should like to see which of you will dare to lay a paw upon it.
Such cases are highly important, for they prove that the capacity in any two species to cross is often completely independent of their systematic affinity, or of any recognisable difference in their whole organisation.
Now, in the conjectures here proposed, some of the most excellent faculties of the mind may be employed to much advantage, since it is a more useful capacity to be able to foretel the actions of men, in any circumstance, from their characters, than to judge of their characters from their actions.
But for waiting, ye have not enough of capacity in you--nor even for idling!

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