disability
Defined in 12 dictionaries — Case Law, U.S. Code, Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Black's (1910), Kinney (1893), Black's (1891), Anderson (1889), Stimson (1881), Burrill (1850), Bouvier (1839)
Definitions from Case Law
From 342 U.S. 197 - Pillsbury v. United Engineering Co. · 1952Most cited · 265 citing opinions
Disability' is related to the right to compensation; Congress knew the difference between 'disability' and 'injury' and used the words advisedly — 'disability' means incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment.
United States Code
10 U.S.C. § 1582 — in this section
Definitions.—In this section, the terms “assistive technology”, “assistive technology device”, “assistive technology service”, and “disability” have the meanings given those terms in section 3 of the Assistive Technology Act of 1998 (29 U.S.C. 3002).
15 U.S.C. § 657H — in this section (2 versions over time)
the term “disability” has the meaning given that term in section 12102 of title 42;
29 U.S.C. § 3002 — in this chapter (4 versions over time)
The term “disability” has the meaning given the term under section 12102 of title 42.
29 U.S.C. § 705 — for the purposes of this chapter (3 versions over time)
The term "disability" means—
(A) except as otherwise provided in subparagraph (B), a physical or mental impairment that constitutes or results in a substantial impediment to employment; or
(B) for purposes of sections 701, 711, and 712 of this title, and subchapters II, IV, V, and VII, the meaning given it in section 12102 of title 42.
33 U.S.C. § 902 — in this chapter (2 versions over time)
“Disability” means incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment; but such term shall mean permanent impairment, determined (to the extent covered thereby) under the guides to the evaluation of permanent impairment promulgated and modified from time to time by the American Medical Association, in the case of an individual whose claim is described in section 910(d)(2) of this title.
38 U.S.C. § 1701 — for the purposes of this chapter
The term “disability” means a disease, injury, or other physical or mental defect.
42 U.S.C. § 12102 — as used in this chapter (2 versions over time)
The term “disability” means, with respect to an individual—
(A) a physical or mental impairment that substantially limits one or more major life activities of such individual;
(B) a record of such an impairment; or
(C) being regarded as having such an impairment (as described in paragraph (3)).
42 U.S.C. § 1760 — for the purposes of this chapter (8 versions over time)
The term “disability” has the meaning given the term in the Rehabilitation Act of 1973 for purposes of title II of that Act (29 U.S.C 760 et seq.).
The Cyclopedic Law Dictionary
Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
The want of legal capacity. "Disability implies want of power, not want of inclination. It refers to incapacity, and not to disinclination." 32 Barb. (N. Y.) 473. Disabilities were anciently classified as general and special. (1) A disability is called general when it disables a person from performing all acts of a given kind, as in the case of an outlaw. (2) A disability is special when it disables him from doing a specific act, as where one renders himself incapable of performing a contract which he has entered into. They are also classified as personal and absolute. (3) A personal disability is confined to the person affected. (4) An absolute disability descends to his heirs. The absolute disabilities such as attainder have been all abolished. They are also classified as civil and canonical. This classification existed only as to disability to enter the marriage contract. Civil were such as to render the marriage void, as prior marriage, consanguinity, etc., while a canonical disability, such as sterility, rendered the marriage voidable only. 2 Steph. Coram. 240.
Ballentine's Law Dictionary
James A. Ballentine · 1916
Bouvier's Law Dictionary and Concise Encyclopedia
John Bouvier; revised by Francis Rawle · 1914
The want of legal capacity. "Incapacity to do a legal act." It would include the resignation of a judge before signing a bill of exceptions; Mclntyre v. Modern Woodmen of America, 200 Fed. 1, 121 C. C. A. 1. See Abatement; Devise; Deed; Infancy; Insanitt; Limitation; Marriage; Parties. DISABLING STATUTES (also called the Restraining Statutes). The acts of 1 Eliz. c 19, 13 Eliz. c. 10, 14 Eliz. cc. 11, 14, 18 Eliz. c. 11, and 43 Eliz. c. 29, by which the power of ecclesiastical or eleemosynary corporations to lease their lands was restricted. 2 Bla. Com. 319, 321; Co. Litt. 44 a; 2 Steph. Com. 735.
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
A Law Dictionary and Glossary
George C. Kinney · 1893
Incapacity to do a legal act, as from infancy, coverture, or the like. leges, cathedrals and other ecclesiastical or eleemosynary corporations from demising their lands, unless under certain regulations.
A Dictionary of Law
Henry Campbell Black · 1891
The want of legal ability or capacity to exercise legal rights, either special or ordinary, or to do certain acts with. proper legal effect, or to enjoy certain privileges or powers of free action, At the present day, disability is generally used to indicate an incapacity for the full enjoyment of ordinary legal rights; thus married women, persons under age, insane persons, and felons convict are said to be under disability. Sometimes the term is used in a more limited senses, as when it signifies an impediment to marriage, or the restraints placed upon clergymen by reason of their spiritual avoecations. Mozley & Whitley. Disability is either general or special; the former when it incapacitates the person for the performance of all legal acts of a general class, or giving to them their ordinary legal Disability is also either personel or absofufe; the former where it attaches to the particnlar person, and arises out of his status, his previous act, ar his natural or juridical incapacity; the latter where it originates with a particular person, but extends also to his descendants or successors., Considered with special reference to the capacity to contract a marriage, disability is either canonical or civil; a disability of the former class makes the murriage voidable only, while the latter, in general, avoids it entirely.
A Dictionary of Law
William C. Anderson · 1889
Incapacity for action under the law; incapacity to do a legal act.i A personal incapacity; and may relate to power to contract or to sue, and arise from want of sufficient understanding, as in cases of lunacy and infancy; or from want of freedom of will, as in cases of coverture and duress; or from the policy of the law, as in cases of alienage, outlawry, and the like.' Any incapacity of acquiring or transmitting a right, or of resisting a wrong; and arises from the act of the party, of his ancestor, of the law, <fr of God.^ CJivil disability. Disqualification created by the law. Physical disability. An infirmity inherent in the constitution of the body or mind. In a statute providing what shall he done in the event of the death or disability of a public officer, " disability " will cover any cause which prevents the officer from acting, as, his resignation.* Where there are two or more co-existing disabilities in the same person he is not obliged to act until the last disability is removed.' Thus, coverture enables a wife to postpone avoidance of a deed made in infancy to a reasonable time after the coverture is ended, without regard to the statute of limitations. One under a disability to make a contract cannot confirm or disaffirm a voidable contract.' Compare Capacity; Qdalift. See Abate, B; Ab^ FraH, 2; Ratification. Disabling. Disqualifying; incapacitating; restricting; restraining: as, a disabling statute, q. v.
Glossary of Technical Terms, Phrases, and Maxims of the Common Law
Frederic Jesup Stimson · 1881
Legal incapacity or inability to do an act.
A New Law Dictionary and Glossary
Alexander M. Burrill · 1850
[L. Lat. dishabilitas, disabilitas.] Incapacity to do a legal act, as to enter upon lands, to inherit or convey, to sue or be sued, &c., arising from the peculiar condition of a person, as from infancy, coverture, lunacy, alienage, imprisonment, or absence. Termes de la ley. Cowell. Blount. Angell on Limit. cc. 19, 36. 2 Hilliard's Real Prop. 169, et seq. U. S. Digest, Limitations of actions, IV. Id. Supplement, h. t. V.
A Law Dictionary, Adapted to the Constitution and Laws of the United States
John Bouvier · 1839
Vide Incapacity. DISCHARGE OF A_ CON.