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

    The state of being incompetent; inadmissibility as evidence.

  • Black's Law Dictionary: 2nd Edition

    Lack of ability, legal qualification or fitness to discharge the required duty. In re Leonard's Estate, 95 Mich. 295, 54 NW. 1082; In re Cohn, 78 N. Y. 252; Stephenson v. Stephenson, 49 N. C. 473 ; Nehrling v. State, 112 Wis, 637, 88 N. W. 610. In New York, the word "incompetency" is used in a special sense to designate the condition or legal status of a person who is unable or unfitted to manage his own affairs by reason of insanity, imbecllity, or feeble-mindedness, and for whom, therefore, a committee may be appointed; and such a person la designated an "incompetent" See Co.de Civ. Proc. N. Y. ยง 2320 et seq.; In re Curtiss, 134 App. Div. 547, 119 N. Y. Supp. 556; In re Fox, 138 App. Div. 43, 122 N. Y. Supp. 889. As applied to evidence, the word "incompetent" means not proper to be received; inadmissible, as distinguished from that which the court should admit for the consideration of the jury, though they may not find it worthy of credence. In French law. Inability or insufficiency of a judge to try a cause brought before him, proceeding from lack of jurisdiction.