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| | Competence - Wikipedia, the free encyclopedia |
 | | Competence (law) is the mental capacity of an individual to participate in legal proceedings. | | | An organisation or body which has the inherent or deemed authority to make or interpret law may also be said to be "competent". | | | Competence is the condition or state of being authorised, or being capable of doing something, and has specific meanings in a number of fields: |
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http://en.wikipedia.org/wiki/Competence
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| | Murphy's laws |
| | All laws, whether good, bad, or indifferent, must be obeyed to the letter. | | | If there isn't a law, there will be. | | | Those who express random thoughts to legislative committees are often surprised and appalled to find themselves the instigators of law. |
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http://dmawww.epfl.ch/roso.mosaic/dm/murphy.html
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| | BBC NEWS Europe Belgium rethinks war crimes law |
| | Critics have warned that a case against President Bush could be filed under the law, known as universal competence, and Belgium's role as host to international institutions could be threatened. | | | Brussels regional leader Francois-Xavier de Donnea warned that action taken under the universal competence law risked calling into question the role of city as the seat of international institutions. | | | The law allows Belgian courts to pass judgment on charges of war crimes, crimes against humanity and genocide, regardless of where the alleged acts took place or the nationality of the accused. |
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http://news.bbc.co.uk/2/hi/europe/2886931.stm
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| | Lawlink NSW: 2. Young people's capacity to make medical decisions - the current law |
| | The High Court of Australia settled this common law test for determining a young person’s competence in a case commonly known as | | | competent, s 49(1) does qualify the common law if, as seems to be the case, | | | The rules may differ depending on whether the issue in question is one of competence to |
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http://www.lawlink.nsw.gov.au/lrc.nsf/pages/ip24chp02
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| | The Ethox Centre |
| | The precise criteria for judging capacity ("Gillick competence") are not clear, but probably include understanding key facts, and coming to a reasoned decision. | | | Under 16 years old and “Gillick” competent (governed by common law) | | | However the common law case of Gillick established that a child, less than 16 years old, who does have capacity (is “Gillick competent”) can give consent for medical treatment. |
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http://www.ethox.org.uk/education/teach/Consent/consent6.htm
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| | PJ Letters: Consent |
| | Although pharmacy has led in the development of concordance in medicines taking, we are not, in general, familiar with the concepts and case law surrounding capacity and competence to give consent or the limitations upon its validity. | | | I hope that this clarifies the legal basis of the differences between English and Scottish law and that pharmacists working in Scotland will not be tempted to refer to Gillick when determining the competence of minors. | | | The test that must be applied, when determining competence, however, is laid down by in two English judgements. |
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http://www.pharmj.com/editorial/20010721/comment/lett02.html
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| | Entire Issue.indd |
| | Doctors also demonstrated a greater understanding of Gillick case law and scored significantly higher than non-doctors (68% vs. 48.5%, p=0.027). | | | Gillick case law states that if a minor has sufficient intelligence and understanding to enable him/her to understand the treatment and implications of treatment then he/she is Gillick competent and may consent to treatment. | | | Where a Gillick competent child under 16 refuses treatment, such a refusal can be over-ruled either by a person with parental responsibility for the child or by the court. |
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http://www.rcsed.ac.uk/journal/svol2_6/206004.html
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| | Bulletin35_Mar05.doc |
| | Gillick competence Questions have been raised about the legal position on Gillick competence in both CTIMPs and non-CTIMPs. | | | The statute law in the Regulations supersedes the case law in the Gillick judgement. | | | In the absence of case law dealing specifically with research, the Gillick principles might reasonably be applied to research other than CTIMPs, although the threshold for understanding will vary according to the complexity of the research. |
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http://www.corec.org.uk/recs/docs/Bulletin35_Mar05.doc
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| | Family Law - Legal Essays and Coursework |
| | This assignment considers the law respecting the competence and compellability of spouses in criminal proceedings and whether subsequent reform regarding the compellabilty of the spouse is justified. |
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http://www.acumenlegal.com/Family_Law
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| | Cork Online Law Review - 2004 |
| | Gillick capacity may be called a creature of law and not of logic [30] since surely a right of consent without a corresponding right to withhold it is devoid of meaning? | | | The seminal case of Gillick [6] dismissed outright the suggestion that no minor is ever competent to make his own medical decisions. | | | We can flesh Gillick out with the formula for comprehension-based capacity familiar from the adult cases of Re C [8] and Re MB Wall J affirmed these cases as an appropriate guide to child capacity in the 1997 case of a young girl suffering from anorexia. |
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http://colr.ucc.ie/essay/2004vii.html
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| | Acts&Regulations for paternity testing |
| | Competence is not defined in the Act, but will be established according to common law principles (the 'Gillick test'). | | | (c) either he is not competent to deal with the issue of consent in relation to the activity or, though he is competent to deal with that issue, he fails to do so, | | | (c) either he is not competent to deal with the issue of consent or, though he is competent to deal with that issue, he fails to do so, |
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http://www.childsupportanalysis.co.uk/information_and_explanation/legislation/paternity_testing_law.htm
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| | Gillick Competence |
| | Subsequently developed case law held that 'Gilliick competence' related to the particular child and the particular treatment, and there have been cases where a 17-year-old has been found insufficiently competent to refuse medical treatment, while in other cases much younger children have been deemed sufficiently competent. | | | Attempts by medical professionals to further clarify the law were specifically discouraged by the courts. | | | It became a matter for the doctor to judge whether a child under 16 was 'Gillick competent'. |
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http://www.fnf.org.uk/gillick.htm
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| | BIGpedia - Scots law - Encyclopedia and Dictionary Online |
| | In recent years Scots law has also been affected by European law under the Treaty of Rome, and laws can now be passed by the Scottish Parliament within its areas of legislative competence. | | | By 1560 the Reformation removed Papal authority and Canon Law jurisdiction was taken over by the Commissary Courts, whose jurisdiction, along with that of the Scottish Court of Exchequer was subsumed into that of the Court of Session in the 19th century. | | | The principles of natural justice and fairness have always formed a source of Scots Law and are applied by the courts without distinction from the law. |
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http://www.bigpedia.com/encyclopedia/Scots_law
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| | french legal environment - french language course in Paris for legal experts and law students, |
| | The French judicial system (presentation of courts and tribunals, competence, deadline for appeal, demurrage) | | | Doctor of law, Secretary of the French Association of Legal Historians | | | If you are a legal practitioner or a student of law/political science, if you are interested in politics: learn about French law, French legal institutions and the major political and social issues in France, all while following a specialised French language course. |
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http://www.french-paris.com/uk/executives/exec_law.php
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| | WFU - School of Law - International Elder Law Resources |
| | Greenfield, Aryeh, Legal Competence and Guardianship: Law and Regulations (Israeli Civil Code). | | | Lush, Denzil, "Elder Law In England and Wales." 13(4) NAELA Quarterly 12-16 (2000). | | | Mahmood, T., "Law and the elderly in the Islamic tradition - classical precepts and modern legislation." 9(1) Islamic and comparative law quarterly 33-44 (1989). |
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http://www.law.wfu.edu/x3787.xml
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| | Factum re Angela Chesters |
| | The first rationale is that the court's competence to resolve legal disputes is rooted in the adversarial system. | | | However, there is no change in the law and the discriminatory practice continues to affect other individual persons with disabilities and individuals with family members with disabilities. | | | Even if the plaintiff's claim is moot, which is contested by the intervener as well as the plaintiff, is this a case in which this honourable Court should exercise its discretion and permit the case to proceed to judgment in the public interest? |
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http://www.ccdonline.ca/law-reform/Intervention/chestersfactum.htm
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| | Environmental taxation and EC law |
| | The purpose of this thesis has been to assess the legal preconditions for using environmental taxes and charges in the perspective of EC-law, focusing in particular on environmental taxation and compatibility with the law regulating the free movements of goods. | | | To fulfill the purpose primary sources of EC-law, as well as relevant case- law and legal scientific literature, have been examined. | | | The study has also aimed at examining the legal preconditions concerning environmental taxation solely in the perspective of EC-law, and compatibility with other international obligations will therefore not be discussed. |
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http://epubl.luth.se/1402-1773/2004/018
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| | Harris Law Firm, Spartanburg SC, South Carolina, criminal defense, personal injury, insurance dispute, lawyer, attorney, Ricky Harris |
| | The Harris Law Firm is dedicated to maintaining the highest standards of professional competence and is committed to taking the time to understand each individual client’s problems and needs. | | | It is the policy of the Harris Law Firm to provide free initial consultations on all legal matters. | | | The Harris Law Firm, Spartanburg, SC, handles criminal defense, personal injury, and insurance dispute cases. |
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http://www.rharrislaw.com
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| | agrainofsand » Blog Archive » Playing God |
| | It’s 16 in the UK, with the caveat of Gillick competence (case law). | | | Obviously, if in this case LG is deemed competent (Gillick) to make this decision, then the courts should overrule this legislation. | | | discussion is not about whether *competent* teenagers should be allowed |
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http://journal.peishan.org/?p=550
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| | Canadian Law List |
| | In particular, but without limiting the foregoing, Canada Law Book Inc. does not warrant that the CLL is accurate, up-to-date, error free or free from any software virus or other harmful component, and does not endorse, confirm or represent the expertise or competence of any of the persons listed in the CLL. | | | The CLL is provided on an "as is" basis and all warranties and conditions, whether express, implied or collateral are disclaimed including, without limitation, all warranties of merchantability, quality, marketability or fitness for particular purposes or those arising by law, statute, usage of trade or course of dealing. | | | These terms and conditions shall be governed and construed by the laws of the province of Ontario and the laws of Canada applicable therein. |
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http://www.canadianlawlist.com/Pages/cllterms.html
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| | Hexapedia - Nationality |
| | Traditionally under international law, determining who its nationals are was the exclusive competence of the state in question. | | | a corporation) is generally the state under whose laws the legal person is registered. | | | Nationality is, in English usage, a legal relationship existing between a person and a state. |
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http://www.hexafind.com/encyclopedia/nationality
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| | 6-02 Intellectual Property law section newsletter |
| | The civil law notary combines in his/her acts the competence traditionally associated with a public official with the discretion and responsibility of a private legal professional. | | | Significantly, the Civil Law Notary Act explicitly states that the regulation of lawyers remains with the Illinois Supreme Court and is not affected by this legislation. | | | The civil law notary is subject to professional, civil, and criminal liability for miscarriage of his/her office. |
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http://www.illinoisbar.org/sections/International/6-02a.htm
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| | Untitled Document |
| | · a young person of 16 years old is regarded in law as 'Gillick' competent. | | | 'Gillick' refers to a court case, Gillick v West Norfolk and Wisbeach Area Health Authority [1985]. | | | I undertake to liaise with the specialist services, whether private or NHS Gender Identity Clinic, at the appropriate time, to ensure the smooth transition to adult services for the continuing treatment of this young person. |
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http://members.aol.com/Gires3/Web_pages/Annex_B.htm
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| | Table of contents for Family law |
| | 11.7 The law on adolescent competence 11.9 Testing the application of Gillick competence 11.18 Principles involved in reaching a Gillick competence determination 11.26 'Gillick competent' at last! |
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http://www.loc.gov/catdir/toc/ecip066/2006000906.html
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| | Prelaw Program - Going to Law School |
| | There may be several courses in particular areas such as environmental law or taxation, which may constitute a specialization. | | | Each state requires that before being admitted to practice, you must demonstrate your competence by passing the state bar exam. | | | The current Official Guide to U.S. Law Schools, published by LSDAS, is the easiest source for cost information on specific schools. |
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http://www.susqu.edu/pre-law/Goinglaw.htm
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| | Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment |
| | A State Party to this Convention may at any time declare under this article that it recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention. | | | A State Party to this Convention may at any time declare under this article that it recognizes the competence of the Committee to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under this Convention. | | | The State Party in the territory under whose jurisdiction a person alleged to have committed any offence referred to in article 4 is found shall in the cases contemplated in article 5, if it does not extradite him, submit the case to its competent authorities for the purpose of prosecution. |
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http://www.ohchr.org/english/law/cat.htm
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| | Legislation of Patents in Latvia |
| | The Patent Office shall be responsible for the qualitative and timely execution of duties which are assigned to the Office in laws relating to the legal protection of industrial property, as well as for realization, within the competence of the Patent Office, of State policy in the sphere of legal protection of industrial property. | | | The request for extension of the patent term may be, upon payment of a prescribed fee, lodged with the Patent Office at any time of the validity of the patent, provided that the requirements of Article 7, Paragraph 9 of this Law are met. | | | Upon the applicantÂs request, the payment of the fee and the issuance of the patent may be postponed. |
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http://inventions.lza.lv/eng/likumi/patenti.asp
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| | English Legal System |
| | The Common Law is the oldest national law in Europe (12th century,1066) and is common to a whole kingdom administered by a central court with a nation-wide competence in first instance. | | | English common law continued to be developed by judges as opposed to legislators and their case law continues today to decide the meaning of legislative enactments and fill in gaps in the law by « declaring » (in effect extending and developing) the common law. | | | Law is not only by legislation but by courts. |
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http://www.u-psud.fr/SCEAUX/enseignement/R.nsf/els.htm?OpenPage
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| | EUROPEAN COMMUNITY LAW |
| | The case law discloses a European Court lately anxious lest the scope of these provisions, in particular Article 28, be drawn too broadly, thereby depriving national authorities of the competence to select forms of local market regulation which do not interfere with the process of market-building in the EC. | | | But the European Court initially adopted the standpoint that although rights were derived from Community law, remedies and procedure available before national courts were a matter of national law. | | | National courts do by and large apply Community law in the way instructed by the Court and it is now plainly the case that EC law, as a dynamic system operating on both transnational and national planes, has become a sui generis legal order. |
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http://www.hertford.ox.ac.uk/admissions/oldlaw/european_community_law.htm
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