Glossary : disability
Definition 1
The want of legal capacity to do a thing.
2. Persons may be under disability, 1. To make contracts. 2. To bring
actions.
3. - 1. Those who want understanding, as idiots, lunatics, drunkards, and
infants or freedom to exercise their will, as married women, and persons in
duress, or who, in consequence of their situation, are forbidden by the
policy of the law to enter into contracts, as trustees, executors,
administrators, or guardians, are under disabilities to make contracts. See
Pa7-ties, Contracts.
4. - 2. The disabilities to sue are, 1. Alienage, when the alien is an
enemy. Bac. Ab. Abatement, B 3, Id. Alien, E: Com. Dig. Abatement , K, Co.
Litt. 129. 2. Coverture, unless as co-plaintiff with her hushand, a married
woman cannot sue. 3. Infancy, unless he appears by guardian or prochein
ami. Co. Litt. 135, b, 2 Saund. 117, f, n. 1 Bac. Ab. Infancy, K 2 Conn.
357, 7 John. 373, Gould, Pl. c. 5, 54. 4. That no such person as that
named has any existence, is not, or never was, in rerum natura. Com. Dig.
Abatement, E 16, 17, 1 Chit. Pl. 435, Gould on Pl. c. 5, 58, Lawes Pl.
104, 19 John. 308. By the law of England there are other disabilities,
these are, 1. Outlawry. 2. Attainder. 3. Praemunire. 4. Popish recusancy.
5. Monachism.
5. In the acts of limitation it is provided that persons lying under
certain disabilities, such as being non compos, an infant, in prison, or
under coverture, shall have the right to bring actions after the disability
shall have been removed.
6. In the construction of this saving in the acts, it has been decided
that two disabilities shall not be joined when they occur in different
persons, as, if a right of entry accrue to a feme covert, and during the
coverture she die, and the right descends to her infant son. But the rule
is otherwise when there are several disabilities in the same person, as, if
the right accrues to an infant, and before he has attained his full age, he
becomes non compos mentis, in this case he may establish his right after
the removal of the last disability. 2 Prest. Abs. of Tit. 341 Shep. To. 31,
3 Tho. Co. Litt. pl. 18, note L, 2 H. Bl. 584, 5 Whart. R. 377. Vide
Incapacity.
Related Articles
Disability Discrimination in the Workplace and Legal Guidance
Posted on 22 Sep 2008
The opportunity to find, gain and hold employment without discrimination due to disability, color, nationality, race, religion, marital status, sexual preference, gender, or age is one of our recognized civil rights in America. These rights have been enshrined under our fundamental law and...
Brain Injury Legal Rehabilitation
Posted on 22 Sep 2008
According to various surveys, each year, an estimated 1.4 million persons in the United States sustain traumatic brain injury. 50,000 of these die. Another 5.3 million Americans currently live with disabilities. These were but sullen figures that are both alarming and devastating especial...
Understanding the Social Security Retirement Benefits
Posted on 22 Sep 2008
Brief History
In the earlier era, the American society was shaken by deep depression affecting the country's economic security. The most affected sector then was the seniors (old age) who have been struggling about their retirement after a long life of labor. The country was...
New York Accident Lawyer: Your guide in need
Posted on 18 Sep 2008
In New York, where there is such a high population, accidents happen all the time. There is definitely plenty of work for New York accident lawyers. For one thing, car accidents are extremely common. Also, unsafe work environments are rampant. Of course anyone can be randomly hurt at any t...
Securing Life through RSDI
Posted on 17 Sep 2008
Retirement, Survivors and Disability Insurance (RSDI) is a program managed by the Social Security Administration (SSA) which aims to provide monthly financial support to people who have lost their income due to retirement or disability.
RSDI started in 1935 and it focused on ...
The Pros of Employment Agreement and the Proper Way of Drafting it
Posted on 17 Sep 2008
Employment agreement or contract is vital in a business especially if it is fully understood and abided. It displays trust and assurance among employers and employees, which are the foundation of a healthy business and strong relationship.
Also, through the agreement, higher e...
Accident Lawyer New York fights for everything you are entitled to
Posted on 16 Sep 2008
In New York, where there are so many people, accidents can happen all the time. Accident lawyers New York specialized can find much work. For one thing, anyone can suffer an accident, which may be someone else's fault. Also, with the amount of cars in New York City alone, car accidents can...
Minnesota Assault Offenses
Posted on 12 Sep 2008
Minnesota law distinguishes between assault and battery in civil lawsuits. However, under its criminal code, battery is included under the heading of assault. An assault is an act done with intent to cause another injury or imminent fear of injury. The act may be direct (hitting someone w...
Malpractice Attorney Provides Path to Justice for Medical Malpractice Victims
Posted on 12 Sep 2008
Have you ever wondered why medical malpractice settlements are so large? Reaching into the millions of dollars that insurance company, medical institutions, and individual practitioners have to shell out. Medical malpractice not only damages the health of the victim, but in most cases it h...
Use Of Legal Advice In Our Daily Lives
Posted on 05 Sep 2008
There was a time when most of the people would not encounter anything to do with legal services in their whole lifetime. But in today's complex lifestyle there is hardly anyone who has not needed some bit of legal advice. An experienced attorney/lawyer helps people find legal services and ...
Brain Injury Leading to Unprecedented Number of Injured Veterans
Posted on 02 Sep 2008
Copyright (c) 2008 Katie Kelley
Traumatic brain injury (TBI) has been deemed the "signature injury" of the Iraqi war. Millions of men and women who have been serving time in the U.S. military are returning home with conditions that their friends and families have no way of dea...
Do You Need To Locate Someone
Posted on 27 Aug 2008
Copyright (c) 2008 Ed Opperman
Are you looking for someone who has significance in or to your life but who has indicated they don't want to be found? If so, with today's technology, locating them is easier than you might think. In addition, engaging the services of an invest...
How the Law Deals about Different Types of Termination
Posted on 21 Aug 2008
Termination of employment is the end of the employee's duration with the employers. This may be caused by the decision of the employer, of the employee or a mutual decision by both the employer and the employee.
Termination can be voluntary or involuntary.
Volunta...
Thalidomide Victims Still Waiting For Compensation
Posted on 17 Aug 2008
During the late 1950's, a German pharmaceutical company, Grunenthal, launched the drug thalidomide across 46 countries all around the world. The drug was said to be a cure for pregnant mothers suffering from morning sickness, however it produced horrific deformities in some of the c...
Think Positive To Recover From Whiplash
Posted on 17 Aug 2008
A new study into the effects of whiplash has found that the patient's attitude has a great impact on the speed of recovery.
The study was carried out in Stockholm at the Karolinska Institute, led by Lena Holm. A questionnaire based study was carried out among 1000 adul...
Reminiscing the Social Security Law in the US
Posted on 16 Aug 2008
It is the Great Depression of the '30s that necessitates the creation of a Social Security program in the US. Poverty reaches its highest peak among older citizens that time and something has to be done.
The Social Security Act, which is considered the first Social Security la...
Do I Need Uninsured Motorist Coverage on My Auto Policy If I Have Medicare or Health Insurance?
Posted on 16 Aug 2008
This is a very common question that we encounter in our practice. I've even heard of insurance agents who expressed the opinion that people do not need uninsured motorist coverage on their auto policy if they have health insurance or Medicare. The reasoning seems to be that following an ...
When Can You Get Compensation For Whiplash?
Posted on 14 Aug 2008
Out of the numerous types of injuries, such as strains, back injuries, broken limbs, temporary/permanent loss of sight or hearing, the one that most gets our eye is whiplash injuries. Yes, you can claim compensation for whiplash, but it basically depends on how much you have been at fault ...
Social Security Provides for Medicare
Posted on 12 Aug 2008
The United States Social Security Administration (SSA) administers numerous social insurance programs. One of these is the Medicare Benefits.
Medicare provides health insurance programs for:
1. People 65 years and above;
2. People below 65 years but ...
Procedure in Claiming Disability Benefits in West Los Angeles
Posted on 29 Jul 2008
West Los Angeles is a district in Los Angeles with an affluent neighborhood. Its central location has made it a locus of commercial development, with several high-rise office buildings.
It may seem that people in an affluent neighborhood like West Los Angeles are without need ...
Recent Legal Articles
Personal injury at work - protect your legal right...
Personal injury at work in the UK – what you should do
Each year in the UK many thousands of workers are injured during t...
Health and Safety at Work – preve...
Just like employers, employees have an obligation to ensure a safe and healthy working environment. As an employee you have a responsibility...
Supporting Till the End
Where a divorce or dissolution of marriage or civil union is granted, either party may ask for post-marital alimony. Alimony, maintenance or...
Clinical Negligence Solicitor For A Botched Surger...
Statistics do seem to indicate there is an upward trend is wrongful cosmetic surgery treatments; so, would you have a claim for clinical neg...
Florida Structured Settlement Factoring Law
Florida does have a law which governs the sale and transfer of structured settle...
Recent Dictionary entries
contra formam statuti Contrary to the form of the statute. 2.- 1. When one statute prohibits a thing and another gives th...
non conformists English law. A name given to certain dissenters from the rites and ceremonies of the church of Engl...
servants, (negro or mulatto,) Pennsylvania. By the fourth section of the act for the gradual abolition of sl...
remainder-man One who is entitled to the remainder of the estate after a particular estate carved out of it has ...
incipitur practice. This word, which means "it is begun,"signifies the commencement of the entry on the roll. ...