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What does capacity in tort mean?

Capacity means the mental capacity to recognize having a duty of care and knowing how not to breech it. For example if a young child accidentally hurts a playmate, the child cannot be sued for negligence, because the child lacks the mental capacity to know whether or not what he is doing is negligent.


What does capacity in law of tort mean?

Capacity in the law of tort refers to a person's legal ability to be held responsible for their actions or to sue or be sued in a tort claim. It usually relates to a person's mental competency or legal standing to be involved in a legal proceeding related to a tortious act.


Is it illegal to have a 30 round clip on pistol?

It depends on the jurisdiction. In some places, it may be illegal to have a magazine with a capacity of over a certain number of rounds attached to a pistol. It's important to check the specific laws in your area regarding magazine capacity for pistols.


Can an attorney or a paralegal prepare and draft a will for a client who is of unsound mind?

No, an attorney or paralegal cannot prepare and draft a will for a client who is of unsound mind. It is important for the individual to have the legal capacity and mental clarity to make decisions about their will. If someone is deemed to lack testamentary capacity, the will could be challenged in court.


When may diminished capacity be used during a case?

Evidence of diminished capacity or of a mental disorder may still be considered by the court, but ony at the time of sentencing or other disposition or commitment after the issue of guilt or innocence has already been determined.