Disability

Disability in United States

Disability Definition

The want of legal capacity. “Disability implies want of power, not want of inclination. It refers to incapacity, and not to disinclination.” 32 Barb. (N. Y.) 473. Disabilities were anciently classified as general and special.
(1) A disability is called general when it disables a person from performing all acts of a given kind, as in the case of an outlaw.
(2) A disability is special when it disables him from doing a specific act, as where one renders himself incapable of performing a contract which he has entered into. They are also classified as personal and absolute.
(3) A personal disability is confined to the person affected.
(4) An absolute disability descends to his heirs. The absolute disabilities such as attainder have been all abolished. They are also classified as civil and canonical. This classification existed only as to disability to enter the marriage contract. Civil were such as to render the marriage void, as prior marriage, consanguinity, etc., while a canonical disability, such as sterility, rendered the marriage voidable only. 2 Steph. Coram. 240.

Disability in Foreign Legal Encyclopedias

Link Description
Disability Disability in the World Legal Encyclopedia.
Disability Disability in the European Legal Encyclopedia.
Disability Disability in the Asian Legal Encyclopedia.
Disability Disability in the UK Legal Encyclopedia.
Disability Disability in the Australian Legal Encyclopedia.

Back to Top

For starting research in the law of a foreign country:

Browse the American Encyclopedia of Law for Disability

Scan Disability in the appropriate area of law:

Link Description
Disability Disability in the Family Law Portal of the American Encyclopedia of Law.
Disability Disability in the IP Portal of the American Encyclopedia of Law.
Disability Disability in the Commercial Law Portal of the American Encyclopedia of Law.
Disability Disability in the Criminal Law Portal of the American Encyclopedia of Law.
Disability Disability in the Antritrust Portal of the American Encyclopedia of Law.
Disability Disability in the Bankruptcy Law Portal of the American Encyclopedia of Law.
Disability Disability in the Constitutional Law Portal of the American Encyclopedia of Law.
Disability Disability in the Tax Law Portal of the American Encyclopedia of Law.
Disability Disability in the and Finance and Banking Portal of the American Encyclopedia of Law.
Disability Disability in the Employment and Labor Portal of the American Encyclopedia of Law.
Disability Disability in the Personal Injury and Tort Portal of the American Encyclopedia of Law.
Disability Disability in the Environmental Law Portal of the American Encyclopedia of Law.

Explore other Reference Works

Resource Description
Disability in the Dictionaries Disability in our legal dictionaries
http://lawi.us/disability The URI of Disability (more about URIs)
Disability related entries Find related entries of Disability

Back to Top

Legal Issue for Attorneys

The want of legal capacity. “Disability implies want of power, not want of inclination. It refers to incapacity, and not to disinclination.” 32 Barb. (N. Y.) 473. Disabilities were anciently classified as general and special.
(1) A disability is called general when it disables a person from performing all acts of a given kind, as in the case of an outlaw.
(2) A disability is special when it disables him from doing a specific act, as where one renders himself incapable of performing a contract which he has entered into. They are also classified as personal and absolute.
(3) A personal disability is confined to the person affected.
(4) An absolute disability descends to his heirs. The absolute disabilities such as attainder have been all abolished. They are also classified as civil and canonical. This classification existed only as to disability to enter the marriage contract. Civil were such as to render the marriage void, as prior marriage, consanguinity, etc., while a canonical disability, such as sterility, rendered the marriage voidable only. 2 Steph. Coram. 240.

Notice

This definition of Disability Is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

Disability in State Statute Topics

Introduction to Disability (Legal) (State statute topic)

The purpose of Disability is to provide a broad appreciation of the Disability legal topic. Select from the list of U.S. legal topics for information (other than Disability).

Clarifying Issues on Disability (in Disability Claims)

Some information about Clarifying Issues on Disability in this context.

Finding the law: Disability in the U.S. Code

A collection of general and permanent laws relating to disability, passed by the United States Congress, are organized by subject matter arrangements in the United States Code (U.S.C.; this label examines disability topics), to make them easy to use (usually, organized by legal areas into Titles, Chapters and Sections). The platform provides introductory material to the U.S. Code, and cross references to case law. View the U.S. Code’s table of contents here.

Resources

Further Reading

Disability in State Statute Topics

Introduction to Disability Council (State statute topic)

The purpose of Disability is to provide a broad appreciation of the Disability legal topic. Select from the list of U.S. legal topics for information (other than Disability).

Clarifying Issues on Disability (in Disability Claims)

Some information about Clarifying Issues on Disability in this context.

Resources

Further Reading

Disability and the U.S. Equal Employment Opportunity Commission

A physical or mental impairment that substantially limits one or more major life activities.


Posted

in

,

by

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *