Adjudicative competence

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Adjudicative Competence (pronunciation: adj-oo-di-kay-tiv kom-pi-tuhns) is a legal term referring to a defendant's ability to understand and participate in the legal proceedings against them.

Etymology

The term "Adjudicative Competence" is derived from the Latin word "adjudicare" which means to award something to someone and the Latin word "competentia" which means meeting together, agreement, symmetry.

Definition

Adjudicative competence is a legal construct that refers to a defendant's cognitive and psychological ability to understand the nature and objectives of the legal proceedings against them, to consult with their attorney with a reasonable degree of rational understanding, and to have a rational as well as factual understanding of the proceedings.

Related Terms

  • Competency to stand trial: This is a legal concept that refers to the defendant's mental state at the time of the trial. It is closely related to adjudicative competence as it also assesses the defendant's ability to understand and participate in the legal proceedings.
  • Mental Health: This is a broad term that refers to a person's emotional, psychological, and social well-being. It affects how people think, feel, and act. Mental health is crucial in determining a person's adjudicative competence.
  • Legal proceedings: This term refers to the process of settling disputes or enforcing rights through the formal rules and principles established by the legal system.
  • Defendant: This term refers to the person against whom a lawsuit is filed or the person charged with a crime. The defendant's adjudicative competence is assessed in a court of law.

See Also

External links

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