COMPETENCY
Categories: Criminal Law
Definition (1910 Edition)
power of eminent domain, this term means a payment in money. Any benefit to the re, maining property of the owner, arising from public works for which a part has been taken, cannot be considered as compensation.
given to his story. The formér denotes the personal qualification of the witness; the latter his veracity. A witness may be competent, and yet give incredible testimony; he may be incompetent, and yet his evidence, if received, be perfectly credible. Competency is for the court; credibility for the jury. Yet in some cases the term “credible’ is used as an equivalent for “competent.” Thus, in a statute relating to the execution of wills, the term “credible witness” is held to mean one who is entitled to be examined and to give evidence in a court of justice; not necessarily one who is personally worthy of belief, but one who is not disqualified by imbecility, interest, crime, or other cause. 1 Jarm. Wills, 124; Smith v. Jones, 68 Vt. 132, 34 Atl. 424; Com. v.
given to his story. The formér denotes the personal qualification of the witness; the latter his veracity. A witness may be competent, and yet give incredible testimony; he may be incompetent, and yet his evidence, if received, be perfectly credible. Competency is for the court; credibility for the jury. Yet in some cases the term “credible’ is used as an equivalent for “competent.” Thus, in a statute relating to the execution of wills, the term “credible witness” is held to mean one who is entitled to be examined and to give evidence in a court of justice; not necessarily one who is personally worthy of belief, but one who is not disqualified by imbecility, interest, crime, or other cause. 1 Jarm. Wills, 124; Smith v. Jones, 68 Vt. 132, 34 Atl. 424; Com. v.
Source: Black's Law Dictionary, 2nd Edition (1910) — Public Domain.
UK commentary and modern updates are original additions. This entry is for educational
reference only and does not constitute legal advice.