Competent Evidence
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Competent Evidence
Competence may refer to: * Competence (geology), the resistance of a rock against deformation or plastic flow. *Competence (human resources), a standardized requirement for an individual to properly perform a specific job *Competence (law), the mental capacity of an individual to participate in legal proceedings ** Competency evaluation (law) *Jurisdiction, the authority of a legal body to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility ** Subsidiarity (European Union)#EU competences describes the nature and extent of legislative authority in the European Union *Natural competence (biology), the ability of a cell to take up DNA * Communicative competence, the ability to speak and understand language * Linguistic competence, the ability to speak and understand language See also * Competence-based management * Core competency * Four stages of competence *Incompetence (other) *Skill *Legis ...
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Competence (geology)
In geology competence refers to the degree of resistance of rocks to deformation or flow. In mining 'competent rocks' are those in which an unsupported opening can be made. Characteristics Competent rocks are more commonly exposed at outcrops as they tend to form upland areas and high cliffs, or headlands where present on a coastline. Incompetent rocks tend to form lowlands and are often poorly exposed at the surface. During deformation competent beds tend to deform elastically by either buckling or faulting and fracturing. Incompetent beds tend to deform more plastically, although it is the ''competence contrast'' between different rocks that is most important in determining the types of structure that are formed. The relative competence of rocks may change with temperature, such as in metamorphosed limestones, which are relatively competent at low metamorphic grade, but become highly incompetent at high metamorphic grade. Most sedimentary and volcanic sequences show layering ...
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Competence (human Resources)
Competence is the set of demonstrable characteristics and skills that enable and improve the efficiency or performance of a job. The term "competence" first appeared in an article authored by R.W. White in 1959 as a concept for performance motivation. In 1970, Craig C. Lundberg defined the concept in "Planning the Executive Development Program". The term gained traction when in 1973, David McClelland wrote a seminal paper entitled, "Testing for Competence Rather Than for Intelligence". The term was used by McClelland commissioned by the State Department, to extract characteristics common to high-performing agents of embassy, and to help them recruit and develop. It has since been popularized by Richard Boyatzis and many others, such as T.F. Gilbert (1978) who used the concept in relationship to performance improvement. Its use varies widely, which leads to considerable misunderstanding. Some scholars see "competence" as a combination of practical and theoretical knowledge, cogn ...
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Competence (law)
In United States and Canadian law, competence concerns the mental capacity of an individual to participate in legal proceedings or transactions, and the mental condition a person must have to be responsible for his or her decisions or acts. Competence is an attribute that is decision-specific. Depending on various factors which typically revolve around mental function integrity, an individual may or may not be competent to make a particular medical decision, a particular contractual agreement, to execute an effective deed to real property, or to execute a will having certain terms. Depending on the state, a guardian or conservator may be appointed by a court for a person who satisfies the state's tests for general incompetence, and the guardian or conservator exercises the incompetent's rights for the incompetent. Defendants who do not possess sufficient "competence" are usually excluded from criminal prosecution, while witnesses found not to possess requisite competence cannot ...
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Competency Evaluation (law)
In the United States criminal justice system, a competency evaluation is an assessment of the ability of a defendant to understand and rationally participate in a court process. Competency was originally established by the Supreme Court of the United States as the evaluation of a defendant's competence to proceed to trial. In a subsequent ruling, the Court held that any prisoner facing the death penalty must be evaluated as competent to be executed, meaning that he must be capable of understanding why he has received the death penalty and the effect that the penalty will have. In further rulings, competence was also enlarged to include evaluation of the defendant's competence to plead guilty and competence to waive the right to counsel. The American Bar Association's Criminal Justice Mental Health Standards stated in 1994 that the issue of a defendant's current mental incompetence is the single most important issue in the criminal mental health field, noting that an estimated 24, ...
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Jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society. International dimension Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. The exercise of extraterritorial jurisdiction by three principles outlined in the UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises the question of when can many states prescribe or enforce jurisdiction. The ''Lotus'' case establishes two key rules to the prescription and enforcement of jurisdi ...
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