Legal Definition and Related Resources of Capacity

The meaning of this word depends on the subject matter in relation to which same is used. See Campbell v Cornish, 22 P.2d 63, 163 Okl. 213. The capacity of a testator for instance has been interpreted to mean that the testator should be able rationally to consider the claims of all those who are related to him and who according to the ordinary feelings of mankind are supposed to have claim to his consideration when dealing with his property as it is to be disposed of after his death . One must consider whether the testator was in such a state of mind that he could rationally take into consideration not merely the amount and nature of his property but the interest of those who by personal relationship or otherwise have claims upon him. He should understand the nature of the act and its effects , should understand the extent of all the property of which he is disposing, be able to comprehend and appreciate claims to which he ought to give effect ; and with a view to the latter object no disorder of the mind shall poison his affections, pervert his sense of right , or pervert the exercise of his natural faculties ; no insane delusion should influence his will in disposing of his property and bringing about a disposal of it, which, if the mind had been sound , would not have been made. The standard of capacity in the case of impaired mental power is the capacity on the part of the testator to comprehend the extent of the property to be disposed of and the nature of the claims of those he is excluding. See McLaughlin v Shehan 145 N.E. 259, 250 Mass. 132; Dilafield parish . 25 N. Y. 9; Miller v Flyr, (Tex. Civ.App.)447 S. W.2d 195; In re Nigro”s estate , 52 Cal. Rptr. 128, 243 C.A.2d 152. In the context of contracts, the capacity to contract means that the person contracting has attained the age of majority , and is of sound mind so that he can appreciate the nature and extent of his act. An agreement executed by an insane person or a person who is so intoxicated as to be deprived of his understanding would be voidable if his insanity or such drunkenness was known to the other party to the contract; for the insane person and the intoxicated one are incapable of giving an intelligent assent to any contract. See Smith v Thornhill (Texas) 25 S. W.2d 597; Ashley v Holman, 15 S. C. 97.

Ability, power, qualification, or competency of persons, natural or artificial. 2 Comyn. Dig. 294; Dane, Abr.
(1) Natural power or competency to perform an act, as capacity to contract, capacity to commit crime.
(2) Official, or representative power or character. As to when one is acting in an official, and not a personal capacity, see 3 Story (U.S.) 87; 6 Robt. (N. Y.) 502. The word capacity does not include experience. 234 111. 623; 227 111. 442.

(Aptitude), noun

• ability
• ableness
• aptness
• capability
• capableness
• competence
• competency
• effectuality
• faculty
• giftedness
• potentiality
• power
• proficiency
• qualification
• range
• reach
• scope
• skill
• talent
• Associated Concepts: full capacity
• lack of capacity
• legal capacity
• lessened capacity
• mental capacity
• private capacity
• proprietary capacity
• quasijudicial capacity
• representative capacity
• testamentary capacity
• want of capacity foreign phrases: Sola acper se senectus donationem testamentum 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 temporibus
• A man is capable and incapable at different times

(Authority), noun

• accordance
• allowance
• authorization
• certification
• charter
• consent
• control
• dispensation
• 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

(Job), noun

• assignment
• function
• occupation
• position
• role
• situation
• task

(Maximum), noun

• amp
  leness
• 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
• measure
• physical limit
• plenitude
• reach
• room
• scope
• spaciousness
• stretch
• tankage
• upper limit
• volume

(Sphere), noun

• ambit
• area
• arena
• boundaries
• bounds
• division
• domain
• extent
• field
• jurisdiction
• limits
• orbit
• pale
• province
• reach
• realm
• region
• scope
• specialty
• stretch
• territory

Specific Role Of A Representative Signer – Attorney In Fact, Trustee, Corporate Officer, Partner Or Other – When Signing For Another Person, Organization Or Legal Entity.

Find similar definitions of the Capacity concept in the Notary Dictionary, to be used to allow for comparison of legal terms meanings.

Browse or run a search for Capacity in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Capacity in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Capacity in Historical Law in the Encyclopedia of Law.

Search for legal acronyms and/or abbreviations containing Capacity in the Legal Abbreviations and Acronyms Dictionary.

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Mentioned in these terms

Bench, Bribery, Capable, Citizen, Competency, Competent, Consent, Consummation, Contract, Dead Freight, Diminished Capacity, Disability, Disqualify, Employer, Executor, Imbecile, Impossibility, Impotence, Incapacity, Incompetent, Insanity, Intoxication, Juror, Measure, Mental Disease, Mental Incompetence, Necessaries, Participant, Perpetual Succession, Person, , Power, Rehabilitation, Rehabilitative Alimony, Responsibility, Salvage Value, Standing, Testable, Testamentary Capacity, Tonnage, Tonnage Duty.

What does Capacity mean in American Law?

The definition of Capacity in the law of the United States, as defined by the lexicographer Arthur Leff in his legal dictionary is:

The legal or physical power to effect something, with frequent implication of mental capacity, i.e., ability to formulate a plan, understand what he is about, etc. Cf criminal capacity; testamentary capacity. Also, “role,” as in “In his judicial capacity he is permitted to perform marriages.” Also, how much can fit in, as in “The capacity of the tank is twelve gallons.”

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Capacity in the Dictionary	Capacity in our legal dictionaries
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Related topics	Capacity in the World Encyclopedia of Law

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Capacity in Law Enforcement

Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of capacity.

Resources

See Also

• Law Enforcement Officer
• Police Officer
• Law Enforcement Agency

Further Reading

• capacity in A Dictionary of Law Enforcement (Oxford University Press)
• capacity in the Encyclopedia of Law Enforcement
• A Treatise on the Police of the Metropolis

Capacity of a child in criminal law in Law Enforcement

Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of capacity of a child in criminal law.

Resources

See Also

• Law Enforcement Officer
• Police Officer
• Law Enforcement Agency

Further Reading

• capacity of a child in criminal law in A Dictionary of Law Enforcement (Oxford University Press)
• capacity of a child in criminal law in the Encyclopedia of Law Enforcement
• A Treatise on the Police of the Metropolis

Carrying capacity in Law Enforcement

Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of carrying capacity.

Resources

See Also

• Law Enforcement Officer
• Police Officer
• Law Enforcement Agency

Further Reading

• carrying capacity in A Dictionary of Law Enforcement (Oxford University Press)
• carrying capacity in the Encyclopedia of Law Enforcement
• A Treatise on the Police of the Metropolis

Concept of Capacity in the context of Real Property

A short definition of Capacity: One’s ability to carry on normal business transactions. Lack of capacity may be natural (unsound mind) or simply by law (a minor). Restrictions may be full or partial.

“A combination of all the strengths and resources available within a community, society or organization that can reduce the level of risk, or the effects of a disaster or conflict. Capacity may include physical, institutional, social or economic means, as well as skilled personal or collective attributes such as leadership and management. Capacity may also be described as capability.” – International Strategy for Disaster Reduction (ISDR).

Concept of Capacity in the context of Real Property

A short definition of Capacity: One’s ability to carry on normal business transactions. Lack of capacity may be natural (unsound mind) or simply by law (a minor). Restrictions may be full or partial.

“A combination of all the strengths and resources available within a community, society or organization that can reduce the level of risk, or the effects of a disaster or conflict. Capacity may include physical, institutional, social or economic means, as well as skilled personal or collective attributes such as leadership and management. Capacity may also be described as capability.” – International Strategy for Disaster Reduction (ISDR).

Capacity

Resources

See Also

• Occupation
• Profession
• Occupational Safety
• Occupational Health
• Employment