incompetency 音標拼音: [ɪnk'ɑmpətənsi]
n . 無能力;不適當
無能力;不適當
incompetency n 1 :
lack of physical or intellectual ability or qualifications [
synonym : {
incompetence }, {
incompetency }] [
ant : {
competence },
{
competency }]
Incompetence \
In *
com "
pe *
tence \,
Incompetency \
In *
com "
pe *
tency \,
n . [
Cf .
F .
incomp ['
e ]
tence .]
[
1913 Webster ]
1 .
The quality or state of being incompetent ;
lack of physical ,
intellectual ,
or moral ability ;
lack of qualifications or training (
for a particular task );
insufficiency ;
inadequacy ;
as ,
the incompetency of a child for hard labor ,
or of an idiot for intellectual efforts .
"
Some inherent incompetency ." --
Gladstone .
Syn :
incompetence .
[
1913 Webster ]
2 . (
Law )
Lack of competency or legal fitness ;
incapacity ;
disqualification ,
as of a person to be heard as a witness ,
or to act as a juror ,
or of a judge to try a cause .
Syn :
Inability ;
insufficiency ;
inadequacy ;
disqualification ;
incapability ;
unfitness .
[
1913 Webster ]
INCOMPETENCY ,
evidence .
The want of legal fitness ,
or ability in a witness to be heard as such on the trial of a cause .
2 .
The objections to the competency (
q .
v .)
of a witness are four -
fold .
The first ground is the want of understanding ;
a second is defect of religious principles ;
a third arises from the conviction of certain crimes ,
or infamy of character ;
the fourth is on account of interest . (
q .
v .)
1 Phil .
Ev .
15 .
INCOMPETENCY ,
French law .
The state of a judge who cannot take cognizance of a dispute brought before him ;
it implies a want of jurisdiction .
2 .
Incompetency is material ,
ratione materia ,
or personal ,
ratione personae .
The first takes place when a judge takes cognizance of a matter over which another judge has the sole jurisdiction ,
and this cannot be cured by the appearance or agreement of the parties .
3 .
The second is ,
when the matter in dispute is within the jurisdiction of the judge ,
but the parties in the case are not ;
in which case they make the judge competent ,
unless they make their objection before they .
take defence .
See Peck ,
374 ;
17 John .
13 ;
12 Conn .
88 ;
3 Cowen ,
Rep .
724 ;
1 Penn .
195 ;
4 Yeates ,
446 .
When a party has a privilege which exempts him from the jurisdiction ,
he may waive the privilege .
4 McCord ,
79 ;
Wright ,
484 ;
4 Mass .
593 ;
Pet .
C .
C .
R .
489 ;
5 Cranch ,
288 ;
1 Pet .
R .
449 ;
4 W .
C .
C .
R .
84 ;
8 Wheat .
699 ;
Merl .
Rep .
mot Incompetence .
4 .
It is a maxim in the common law ,
aliquis non debet esse judex in propria causa .
Co .
Litt .
141 ,
a ;
see 14 Vin .
Abr .
573 ;
4 Com .
Dig .
6 .
The greatest delicacy ,
is constantly observed on the part of judges ,
so that they never act when there could be the possibility of doubt whether they could be free from bias ,
and even a distant degree of relationship has induced a judge to decline interfering .
1 Knapp '
s Rep .
376 .
The slightest degree of pecuniary interest is considered as an insuperable objection .
But at common law ,
interest forms the only ground for challenging a judge .
It is not a ground of challenge that he has given his opinion before .
4 Bin .
349 ;
2 Bin .
454 .
See 4 Mod .
226 ;
Comb .
218 ;
Hard .
44 ;
Hob .
87 ;
2 Binn .
R .
454 ;
13 Mass .
R .
340 ;
5 Mass .
R .
92 ;
6 Pick .
109 ;
Peck ,
R .
374 ;
Coxe ,
Rep .
190 ;
3 Ham .
R .
289 ;
17 John .
Rep .
133 ;
12 Conn .
R .
88 ;
1 Penning R .
185 ;
4 Yeates ,
R .
466 ;
3 Cowen ,
R .
725 ;
Salk .
396 ;
Bac .
Ab .
Courts ,
B ;
and the articles Competency ;
Credibility ;
Interest ;
Judge ;
Witness .
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