Competence in the law from legal theory to clinical application

Cover of: Competence in the law |

Published by John Wiley & Sons in Hoboken, N.J .

Written in English

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Subjects:

  • Competency to stand trial -- United States.,
  • Insanity (Law) -- United States.,
  • Mental Competency -- legislation & jurisprudence -- United States.,
  • Mentally Ill Persons -- legislation & jurisprudence -- United States.,
  • Commitment of Mentally Ill -- legislation & jurisprudence -- United States.,
  • Expert Testimony -- legislation & jurisprudence -- United States.

Edition Notes

Includes bibliographical references and index.

Book details

StatementMichael L. Perlin ... [et al.].
ContributionsPerlin, Michael L., 1946-
Classifications
LC ClassificationsKF9242 .C66 2008
The Physical Object
Paginationviii, 312 p. ;
Number of Pages312
ID Numbers
Open LibraryOL18495862M
ISBN 100470144203
ISBN 109780470144206
LC Control Number2007034469

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The first single-volume resource of its kind, Competence in the Law: Examines the landmark cases that have set precedents in this area; Presents in-depth discussion of criminal competencies, such as competency to stand trial, plead guilty, or waive counsel; Explores questions of competency in civil law matters, such as custody and estates.

The best source for a comprehensive overview of mental competency in criminal, mental disability, and civil law, Competence in the Law prepares mental health professionals to assess questions of both civil and criminal competence and to counsel lawyers and judges in cases in which these issues are germane.

A landmark contribution to forensic practice, this book equips you to expertly address. Capacity (in clinical terms) or competence (in legal terms) refers to whether a person has the necessary abilities to adequately make a specific decision (such as to refuse psychiatric treatment) or complete a specific task (such as writing a will).

Individuals are not incompetent simply because they have a. Competence Creep and General Principles of Law. Review of European and Administrative Law, Vol. 3, No. 1, pp.the final paragraph of this Competence in the law book reflects briefly on Competence in the law book relationship between the competence creep, general principles of law and the Charter of Fundamental Rights.

Keywords: general principles of law, EU Cited by: Competence and jurisdiction, in law, the authority of a court to deal with specific matters. Competence refers to the legal “ability” of a court to exert jurisdiction over a person or a “thing” (property) that is the subject of a suit.

Jurisdiction, that which a competent court may exert, is the power to hear and determine a suit in court. Jurisdiction also may be defined as an. Jurisdiction refers to a state’s competence under international law to regulate the conduct of natural and juridical persons.

The notion of regulation includes the activity of all branches of government: legislative, executive, and judicial. This chapter discusses prescriptive jurisdiction over crimes, civil prescriptive jurisdiction, the separateness of the grounds of jurisdiction, and.

Learn what "culture" means. According to the National Center for Cultural Competence (NCCC), cultural competence "embraces the principles of equal access and nondiscriminatory practices in service delivery." Cultural competency is achieved by identifying and understanding the needs and behaviors of individuals seeking help.

The Single Market Act also added a number of new policy areas to the Community’s competence, including, for example, a specific environmental competence. The. All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource.

The existence and scope of EU competence are outlined in the Lisbon Treaty: the EU may have exclusive competence, shared competence, or competence only to take supporting, coordinating, or supplementary : Paul Craig.

The Law for Lawyers Today is a resource for law firms, law departments and lawyers needing information to meet the challenge of practicing ethically and responsibly. Here you’ll find timely updates on legal ethics, the “law of lawyering,” risk management and legal malpractice, running your.

This chapter presents an overview of the legal history of competence as it relates to suicide, as well as current U.S. policies and law concerning competence of people who want to die, including prisoners on death row who wish to waive appeal rights.

The chapter proposes that the majority of suicidal people are competent, including those with mental illnesses, and cites cases from criminal Author: Susan Stefan. (1) This update is not an exhaustive overview of the principle of competence-competence – in particular given the existence of several different approaches, at times divergent, to this principle in different legal systems.

Notably, Gary Born points out that: "there is almost equally broad disagreement and uncertainty concerning the doctrine's precise scope and consequences.

Competence in the Law: From Legal Theory to Clinical Application demonstrates and reaffirms that the most problematic aspect of current judicial proceedings is the issue of competence. At first glance of the title, one is likely to believe that the authors are addressing competence as a defendant.

The Passivity of Law: Competence and Constitution in the European Court of Justice - Kindle edition by Luigi Corrias. Download it once and read it on your Kindle device, PC, phones or tablets.

Use features like bookmarks, note taking and highlighting while reading The Passivity of Law: Competence and Constitution in the European Court of by: 4.

A natural person who enters a contract possesses complete legal capacity to be held liable for the duties he or she agrees to undertake, unless the person is a minor, mentally incapacitated, or intoxicated.

A minor is defined as a person under the age of 18 or 21, depending on the jurisdiction. A contract made by a minor is voidable at the. This book aims at analysing these issues and thereby providing a more comprehensive account of the substantive criminal law competence of the EU.

This book contains: • A detailed examination of the competence conferred upon the EU under Article 83(1) and (2) TFEU. • An analysis of the question whether there is criminal law competence Cited by: 4.

The ethical duty of competence — Model Rule — is the first rule in the rule book for a reason: without competence, fulfilling your other ethical duties is meaningless. A couple of recent cautionary tales shine a light on how lawyers can get it wrong.

Competence may refer to. Competence (geology), the resistance of a rock against deformation or plastic flow. Competence (human resources), a standardized requirement for an individual to properly perform a specific job Competence (law), the mental capacity of an individual to participate in legal proceedings Competency evaluation (law) Jurisdiction, the authority of a legal body to deal with.

In Rule of the ABA’s Model Rules—the duty of competence—was modified in Comment 8 to require that lawyers know and understand “the benefits and risks and associated with relevant. ISBN: OCLC Number: Notes: Proceedings of the May Conference on Professional Competence and the Law held at Dalhousie University.

Written by experts in the fields of mental disability law and forensic psychology, Competence in the Law prepares mental health professionals to understand the law, consider questions of civil and Read more.

BackgroundRationale The law of competence addresses both legal competence[2] and competence in the sense of the capacity of a person to be a witness. This chapter is concerned with the latter.

The primary rationale for the existence of tests of competence is to guard against the admission of evidence of little or no probative value. The wider working definition of legal competence offered to us by Paterson is the definition accepted by the American Law Institute and the American Bar Association and reads as followst2: Legal competence is measured by the extent to which an attorney (A) is specifically knowledge-Cited by: 2.

MENTAL COMPETENCE See competence, the ability of a person to be rational, to express themselves and fitness COMPETENCY In the law of evidence. The presence of those characteristics, or the absence of those CAPACITY OF PARTIES The mental competence or legal capacity of each of the parties and which is required.

Law Name Institution Law The four elements of competence include duty, breach, causation and damage. Duty can be proved through the existence of the client/attorney relationship; Breach is proved by acts constituting negligence; Causation can be proved by omissions that are the direct cause of damage; and damage by the actual damages (Orlik, ).

The concept of a norm of competence is central to the contemporary legal theory conceptual apparatus. It is also of paramount importance in day-to-day legal practice as a presupposition for the assessment of the legal validity of legislative, judicial, or administrative norms and decisions, as well as of contracts and promises.

A court is competent if it has been given jurisdiction, by statute or constitution, to hear particular types of lawsuits. A testator is competent to make a will if he or she understands what a will is and its effects, the nature and extent of the property involved, and the relationships with the people named in the will and those disinherited.

Recently published by Frank & Timme, the book “Legal Translation and Court Interpreting: Ethical Values, Quality, Competence Training” should be of interest to many readers.

Here is the publisher’s blurb: This multidisciplinary volume offers a systematic analysis of translation and interpreting as a means of guaranteeing equality under the law as well as global perspectives in legal. The best source for a comprehensive overview of mental competency in criminal, mental disability, and civil law, Competence in the Law prepares mental health professionals to assess questions of both civil and criminal competence and to counsel lawyers and judges in cases in which these Price: $ Discover the best Competence (Law) books and audiobooks.

Learn from Competence (Law) experts like Scribd Government Docs and Immigrant & Refugee Appellate Center, LLC. Read Competence (Law) books like Godinez v. Moran, U.S. () and Narindra Lall, A (BIA ) for free with a free day trial. One model for the current outsourcing of operational functions at law firms is from Corporate America.

In the early s, the emerging template was to strip down the business to its "core competence." The term had been coined by management consultants C.K. Prahalad and Gary Hamel. Here is their book "The Core Competence of the Corporation.".

Lawyer Competence Historically, the competence of attorneys was not viewed as an ethical matter at all. In fact, it was not until the adoption of the Code of Professional Responsibility in that the concept of competence was specifically included as a part of the attorney’s professional Size: 11KB.

The Peter Principle. Laurence J. Peter had conducted the research that led to the formulation of the Peter principle well before publishing his findings. He worked with Raymond Hull on a book that elucidated his observations about hierarchies.

The principle is named for Peter because although Hull actually wrote the book, it is a summary of Peter's research. Cultural Competence Law and Legal Definition Cultural competence means the ability to interact effectively with people of different cultures.

It is a set of attitudes, behaviors, and policies that combines knowledge about groups of people into practices and standards to improve the quality of services to all cultural groups that are served. A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.

Race, Culture, Psychology, and Law is the only book to provide summaries and analyses of culturally competent psychological and social services encountered within the U.S. legal arena.

The book is broad in scope and covers the knowledge and practice crucial in providing comprehensive services to ethnic, racial, and cultural minorities. T1 - Procedural Rights in Juvenile Courts.

T2 - Competence and Consequences. AU - Feld, Barry C. PY - /12/ Y1 - /12/ N2 - This article examines the "law on the books" and the "law in action" in juvenile courts. It analyzes developmental psychological Cited by: 1.

clinical law faculty on teaching cross-cultural competence to law students.7 Inthe workshop was presented to an international, multidisciplinary audience of academic scholars and teachers in Amsterdam, the Netherlands.8 Based on her collaboration with these professors and her in.

‘He claimed that the International Court of Justice in The Hague is the only body with the authority and competence to hear arguments concerning the war's legality.’ ‘However, whether a court with competence should actually vary a foreign trust raises a question governed by the applicable law of.

When my daughter was first diagnosed at the age of two and a half, presuming competence was not a concept I was ever told about or had heard of.

And even if someone had suggested we do so, I'm not sure I would have fully understood what that meant exactly. So what does "presume competence".

Understanding Cultural Competence Cultural Competence “Cultural competence is a set of congruent behaviors, attitudes, and policies that come together in a system, agency, or among professionals and enable that system, agency or those professionals to work effectively in cross-cultural situations” Terry Cross, Kwasi KafeleFile Size: KB.Competency Law and Legal Definition.

Competency refers to the mental ability to understand problems and make decisions. Competency also refers to a criminal defendant's ability to stand trial.

It is measured by the capacity to understand the proceedings, to consult meaningfully with counsel, and to assist in the defense. This term is also.from book Concepts in Law My concern here is with competence in the sense of authority.1 The concept of legal competence, thus conceived, is a normative concept, in the sense that a person has Author: Torben Spaak.

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