Archives: Glossary

Lacking the legal or mental ability to do something. A defendant is incompetent to stand trial when they lack a sufficient present ability to consult with a lawyer with a reasonable degree of rational understanding, or a rational and factual understanding of the proceedings (Dusky v. United States, 362 U.S. 402 (1960)). A court may also find an adult incompetent and appoint a guardian or conservator. Evidence can be called incompetent when the rules do not allow it.

Legally required to follow or perform something. Parties to a valid contract are bound by its terms, and parties to a final judgment are generally bound by it. A lower court is bound by the decisions of the courts above it. In criminal cases, a defendant is bound over when a judge sends the case to a higher court or a grand jury after a preliminary hearing.

The legal power to act or decide, such as a court’s authority to hear a case or an agent’s authority to bind a principal. The word also means a legal source a court relies on, such as a statute, rule or prior decision.

A government body with authority to decide legal disputes and administer justice, or the judge or judges who sit in it. Courts are organized by level, such as trial courts, intermediate appellate courts and a highest court, and by jurisdiction, such as federal or state.

Giving authority or a duty to another person or body. In contract law, a party can often delegate performance of its duties to someone else. For sales of goods, UCC § 2-210 says delegating does not relieve the original party of its duty to perform or its liability for breach. In constitutional law, the nondelegation doctrine limits how much legislative power Congress may hand to agencies.

The branch of government made up of the courts and judges. Article III of the U.S. Constitution places the judicial power of the United States in one Supreme Court and in the lower courts Congress creates. Each state also has its own judiciary.

Relating to the courts, judges or the administration of justice. For example, judicial power is the power to decide cases, and a judicial act is one a judge performs in that role.

The legal ability to do something, such as make a contract, make a will or take part in a lawsuit. Under Federal Rule of Civil Procedure 17(b), capacity to sue or be sued is decided by the law of the individual’s domicile, for an individual not acting in a representative capacity. For a corporation, it is the law under which it was organized. For most other parties, it is the law of the state where the court is located, with limited exceptions. A person may also act in a representative capacity, such as a guardian or trustee.

The management and settlement of a deceased person’s estate under court supervision, including collecting assets, paying debts and distributing what remains. In government, the term refers to managing public affairs, or to the executive branch led by a particular President.

A person a court appoints to manage and settle the estate of someone who died without a valid will, or whose will names no executor able to serve. The term also refers to an official who runs a government agency or program, such as the Administrator of the Small Business Administration.