Legal Definition and Related Resources of Competency, Competent

Duly qualified, having sufficient ability or authority , meeting all legal requirements, having the mental capacity to understand the nature of one’s act. In the law of evidence , the word competency is the presence of those characteristics or the absence of those disabilities which render a witness legally fit and qualified to give testimony in a court of justice. The competency of the witness has two aspects, the mental capacity to understand the nature of the questions and to form and communicate intelligent answers thereto, and the moral responsibility to speak the truth which is the essence of the obligation of an oath. See state v Schweider, 94 N.W.2d 154,5 Wis.2d 627. Competency to stand trial means the defendant ‘s ability to understand the nature of the proceedings and properly assist in his defence. See Dragon v State, (Ind.) 383 N.E2dl046. Evidence is said to be competent when it comes from such source and is in such form that it is held proper to admit the same. Also see mental incompetence .

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Competency, Competent in Historical Law

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