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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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.


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.
Collins Dictionary of Law © W.J. Stewart, 2006

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
There were no significant correlations between soil pH and EC and functional capacity, when soils were combined or analysed separately by soil type (data not shown).
The elderly without a spouse or partner had a lower functional capacity incidence about 2.7 times higher than the elderly with some relationship, married or living with a partner.
Furthermore, older institutionalized elderly people presented worse performance on functional capacity tests, which may lead to a higher risk of falls.
There was moderate negative correlation between Glittre ADL test time and six-minute walk test distance (Glittre functional capacity (FC) versus six-minute walk test functional capacity (FC) (r = -0.41, p = 0.02; Figure 5).
The two logistic regression models were constructed to determine the probability of the occurrence of V[O.sub.2] peak being inadequate (i.e., poor functional capacity) on hemodialysis patients.
The various types of validity (e.g., face validity, content validity, criterion-related validity, and construct validity) are all applicable to functional capacity evaluations.
Although decreases observed in aortic valve effective orifice area and left ventricular mass index were more apparent in 21 mm prosthesis implanted patients, it was observed that this improvement did not cause a significant difference with regards to increase in functional capacity (Table-I).
For the study, the following classification was adopted: group V (100 points) = full functional capacity, group IV (95-75 points) = slight limitation of functional capacity, group III (70-50 points) = partial limitation of functional capacity, group II (45-25 points) = considerable limitation of functional capacity, and group I (20-0 points) = very serious limitation of functional capacity (Table 1).
We discard the factor [A.sup.5], because this subset of the transmission factors reduces the functional capacity of the arcs originating from source to the extent that these arcs are unable to carry at least v + [v.sup.0] unit of flow.
Western Ontario McMaster University Osteoarthritis (WOMAC): The functional capacities of patients were assessed by the WOMAC functional capacity and WOMAC global index which had the reliability and validity of the Turkish version.
The sample was assessed before and after the intervention with respect to the perception of pain by Visual Analogue Scale (VAS) and functional capacity by measuring joint range (goniometry), muscle strength (dynamometry digital) and the WOMAC scale, establishing the significance level to rule out the null hypothesis if p < 0.05.
A therapy could be considered medically necessary if the therapy could help a child "achieve or maintain maximum functional capacity in performing daily activities, taking into account both the functional capacity of the individual and the functional capacity of other persons of the individual's age," according to the text of S.B, 74.

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