Definitions from Black's Law Dictionary: 2nd Edition and Ballentine's Law Dictionary as are available for each term in each dictionary.
  • Ballentine's Law Dictionary

    Legal incapacity. See 18 Mont. 152, 56 Am. St. Rep. 565, 44 Pac. 528.

  • Black's Law Dictionary: 2nd Edition

    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. Berkin v. Marsh, 18 Mont 152, 44 Pac. 528, 56 Am. St Rep. 565. At the present day, disability is generally nsed 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 sense, as when it signifies an impediment to marriage, or the restraints placed upon clergymen by reason of their spiritual avocations. Mozley & Whitley. Classification. Disability is either general or special; the former when it incapacitates the person for the performance of ali legal acts of a general class, or giving to them their ordinary legal effect; the latter when it debars him from one specific act. Disability is also either personal or absolute; the former where it attaches to the particular person, and arises out of his status, his previous act, or his natural or juridical incapacity; the latter where it originates with a particular person, but extends also to his descendants or successors. Lord de le War re's Case, 6 Coke, la; Avegno v. Schmidt, 113 U. S. 293, 5 Sup. Ct. 487, 28 L. Ed. 976. 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 marriage voidable only, while the latter, in general, avoids it entirely. The term civil disability is also used as equivalent to legal disability, both these expressions meaning disabilities or disqualifications created by positive law, as distinguished from physical disabilities. Ingalls v. Campbell, 18 Or. 461, 24 Pac. 904; Harland v. Territory, 3 Wash. T. 131, 13 Pac. 453; Meeks v. Vassault, 16 Fed. Cas. 1317; Wiesner v. Zaum, 39 Wis. 206; Bauman v. Grubbs, 26 Ind. 42l; Supreme Council v. Fairman, 62 How. Prae. (N. Y.) 390. A physical disability is a disability or incapacity caused by physical defect or infirmity, or bodily imperfection, or mentni weakness or alienation ; as distinguished from civil disability, whch relates to the civil status or condition of the person, and is imposed by the law.