Competence \Com"pe*tence\, Competency \Com"pe*ten*cy\, n. [Cf.
F. comp['e]tence, from L. competentia agreement.]
1. The state of being competent; fitness; ability; adequacy;
power.
[1913 Webster]
The loan demonstrates, in regard to instrumental
resources, the competency of this kingdom to the
assertion of the common cause. --Burke.
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To make them act zealously is not in the competence
of law. --Burke.
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2. Property or means sufficient for the necessaries and
conveniences of life; sufficiency without excess.
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Reason's whole pleasure, all the joys of sense,
Lie in three words -- health, peace, and competence.
--Pope.
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Superfluity comes sooner by white hairs, but
competency lives longer. --Shak.
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3. (Law)
(a) Legal capacity or qualifications; fitness; as, the
competency of a witness or of a evidence.
(b) Right or authority; legal power or capacity to take
cognizance of a cause; as, the competence of a judge
or court. --Kent.
[1913 Webster]
5. the quality of being adequately or well qualified
physically and intellectually, especially possession of
the skill and knowledge required (for a task).
[WordNet 1.5 +PJC]
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COMPETENCY, evidence. The legal fitness or ability of a witness to be heard
on the trial of a cause. This term is also applied to written or other
evidence which may be legally given on such trial, as, depositions, letters,
account-books, and the like.
2. Prima facie every person offered is a competent witness, and must be
received, unless Lis incompetency (q.v.) appears. 9 State Tr. 652.
3. There is a difference between competency and credibility. A witness
may be competent, and, on examination, his story may be so contradictory and
improbable that he may not be believed; on the contrary he may be
incompetent, and yet be perfectly credible if he were examined.
4. The court are the sole judges of the competency of a witness, and
may, for the purpose of deciding whether the witness is or is not competent,
ascertain all the facts necessary to form a judgment. Vide 8 Watts, R. 227;
and articles Credibility; Incompetency; Interest; Witness.
5. In the French law, by competency is understood the right in a court
to exercise jurisdiction in a particular case; as, where the, law gives
jurisdiction to the court when a thousand francs shall be in dispute, the
court is competent if, the sum demanded is a thousand francs or upwards,
although the plaintiff may ultimately recover less.
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