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.

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

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.
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 ?
Results (mean, minimum, and maximum observations) for iron and iron-binding capacity grouped by method type are presented as box plots in a figure in the online Data Supplement.
Fully and semiautomated methods for the determination of serum iron and total iron-binding capacity. J Lab Clin Med 1968;71:874.
The relationship between chemically measured total iron-binding capacity concentrations and immunologically measured transferrin concentrations in human serum.
Another reason is that TIBC can also be obtained by calculation of the sum of the serum iron concentration and unsaturated iron-binding capacity (UIBC), which is determined automatically.
Alternative approaches include use of the unbound iron-binding capacity (UIBC), in which a fixed amount of iron is added to a sample at a neutral pH and the uptake of iron by the unoccupied serum iron-binding sites is measured by a serum iron method as a decrease in free iron.
One might thereby infer that total iron-binding capacity tends to increase proportionately to serum iron in females as they progress through menopause.
Population screening for hemochromatosis: a comparison of unbound iron-binding capacity, transferrin saturation, and C282Y genotyping in 5,211 voluntary blood donors.
Iron-binding capacity was 24.5% ([+ or -] 9.9%) in fructose malabsorbers and 24.8% ([+ or -] 10.1%; P, not significant) in normal fructose absorbers.
The TS assay is a two-step assay with serum iron in the numerator and total iron-binding capacity, unsaturated iron-binding capacity (UIBC), or serum transferrin in the denominator.
Total iron-binding capacity (TIBC) was determined by a method modified from the one recommended by the International Committee for Standardisation in Hematology (18).
Serum iron and total iron-binding capacity were assayed with the Hitachi 747 automatic chemical analyzer (Hitachi), and ferritin was measured by the ACS:180 chemiluminescence assay (Chiron).
A further advantage of the new method is that measurement of leptin-binding capacity is facilitated; sera are chromatographed with and without addition of a saturating amount of exogenous recombinant leptin, and the bound fraction of leptin is determined in both aliquots, similar to the measurement of iron-binding capacity.