Competence (law) - Factbites

Competence (law) - Factbites
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Topic: Competence (law)

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	Bulletin35_Mar05.doc
		Gillick competence Questions have been raised about the legal position on Gillick competence in both CTIMPs and non-CTIMPs.
		In the absence of case law dealing specifically with research, the Gillick principles might reasonably be applied to research other than CTIMPs, although the threshold for understanding will vary according to the complexity of the research.
		The statute law in the Regulations supersedes the case law in the Gillick judgement.
	www.corec.org.uk /recs/docs/Bulletin35_Mar05.doc (986 words)

	Competence - Wikipedia, the free encyclopedia
		Competence (law) is the mental capacity of an individual to participate in legal proceedings.
		Competence (biology) is the ability of a cell to incorporate extracellular DNA from its environment.
		Competence (human resources) is a standardized requirement for an individual to properly perform a specific job.
	en.wikipedia.org /wiki/Competence (165 words)

	Gillick Competence
		Subsequently developed case law held that 'Gilliick competence' related to the particular child and the particular treatment, and there have been cases where a 17-year-old has been found insufficiently competent to refuse medical treatment, while in other cases much younger children have been deemed sufficiently competent.
		Attempts by medical professionals to further clarify the law were specifically discouraged by the courts.
		A further anomaly was provided by the Access to Health Records Act 1990, which allows a child under 16 deemed 'Gillick competent' by a doctor to veto the parent's access to medical information held by that doctor, even though the parent can consent to treatment which the child cannot veto.
	www.fnf.org.uk /gillick.htm (346 words)

	Entire Issue.indd
		Gillick case law states that if a minor has sufficient intelligence and understanding to enable him/her to understand the treatment and implications of treatment then he/she is “Gillick competent” and may consent to treatment.
		Doctors also demonstrated a greater understanding of Gillick case law and scored significantly higher than non-doctors (68% vs. 48.5%, p=0.027).
		Where a Gillick competent child under 16 refuses treatment, such a refusal can be over-ruled either by a person with parental responsibility for the child or by the court.
	www.rcsed.ac.uk /journal/svol2_6/206004.html (3578 words)

	PJ Letters: Consent
		Although pharmacy has led in the development of concordance in medicines taking, we are not, in general, familiar with the concepts and case law surrounding capacity and competence to give consent or the limitations upon its validity.
		I hope that this clarifies the legal basis of the differences between English and Scottish law and that pharmacists working in Scotland will not be tempted to refer to Gillick when determining the competence of minors.
		The debate surrounding the supply of emergency hormonal contraception to young girls is a useful example of our need to understand and apply the Fraser ruling (“Gillick competence”) to consent to treatment in our everyday practice (at least in England).
	www.pharmj.com /editorial/20010721/comment/lett02.html (534 words)

	The Ethox Centre
		However the common law case of Gillick established that a child, less than 16 years old, who does have capacity (is “Gillick competent”) can give consent for medical treatment.
		The precise criteria for judging capacity ("Gillick competence") are not clear, but probably include understanding key facts, and coming to a reasoned decision.
		Under 16 years old and “Gillick” competent (governed by common law)
	www.ethox.org.uk /education/teach/Consent/consent6.htm (440 words)

	Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
		A State Party to this Convention may at any time declare under this article that it recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention.
		A State Party to this Convention may at any time declare under this article that it recognizes the competence of the Committee to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under this Convention.
		The State Party in the territory under whose jurisdiction a person alleged to have committed any offence referred to in article 4 is found shall in the cases contemplated in article 5, if it does not extradite him, submit the case to its competent authorities for the purpose of prosecution.
	www.ohchr.org /english/law/cat.htm (4560 words)

	Pre-law information
		The Policy on Pre-legal Education of the Association of American Law Schools (AALS) directs attention to the elements of an "undergraduate education which the AALS believes fundamental to the later attainment of legal competence," recommending the "development in pre-law students of basic skills and insights." Three areas are stressed:
		The Policy on Prelegal Education of the Association of American Law Schools (AALS) directs attention to the elements of an "undergraduate education which the AALS believes fundamental to the later attainment of legal competence," recommending the "development in pre-law students of basic skills and insights." Three areas are stressed:
		The study of philosophy develops the skills that the American Association of Law Schools has identified as important for pre-law education as proven by the fact that philosophy majors consistently score very high on the Law School Admissions Test (see data tables below).
	www.clemson.edu /caah/philosophy/website/html/prelaw.html (556 words)

	Murphy's laws
		This is the one law of animated cartoon motion that also applies to the physical world at large.
		All laws, whether good, bad, or indifferent, must be obeyed to the letter.
		When the law is against you, argue the facts.
	dmawww.epfl.ch /roso.mosaic/dm/murphy.html (17550 words)

	BBC NEWS Europe Belgium rethinks war crimes law
		Critics have warned that a case against President Bush could be filed under the law, known as universal competence, and Belgium's role as host to international institutions could be threatened.
		Brussels regional leader Francois-Xavier de Donnea warned that action taken under the universal competence law risked calling into question the role of city as the seat of international institutions.
		The law allows Belgian courts to pass judgment on charges of war crimes, crimes against humanity and genocide, regardless of where the alleged acts took place or the nationality of the accused.
	news.bbc.co.uk /2/hi/europe/2886931.stm (516 words)

	canon
		A dispensation, or the relaxation of a merely ecclesiastical law in a particular case, can be granted by those who enjoy executive power, within the limits of their competence, as well as by those to whom the power of dispensing has been given explicitly or implicitly either by the law itself or by lawful delegation.
		Civil laws to which the law of the Church defers should be observed in canon law with the same effects, insofar as they are not contrary to divine law and unless (nisi) it is provided otherwise in canon law.
		Laws which establish a penalty or restrict the free exercise of rights or which contain an exception to the law are subject to a strict interpretation.
	www.olph.com /canon.htm (4430 words)

	EU competition law - Wikipedia, the free encyclopedia
		Primary competence for applying EU competition law rests with European Commission and its Directorate General for Competition, although state aids in some sectors, such as transport, are handled by other Directorates General.
		Competition law is one of the areas of authority of the European Union.
		On 1 May 2004 a decentralised regime for antitrust came into force which is intended to increase the application of EU competition law by national competition authorities and national courts.
	en.wikipedia.org /wiki/EU_competition_law (283 words)

	Law Firm of Pepper Hamilton LLP Publications
		Forrest had performed all of these duties when he represented Macy’s before the referee, and in doing so "implicitly represented that he had the technical competence to analyze legal problems faced by the board," the court ruled.
		Forrest's role before the board was not that of a legal advisor, but rather that of a lay person assisting an employer in the presentation of its case, Macy's argued.
		During the hearing, the claimant objected to Forrest's representation of Macy's because he was not an attorney.
	www.pepperlaw.com /pepper/publications_update.cfm?rid=675.0 (859 words)

	Lawlink NSW: 2. Young people's capacity to make medical decisions - the current law
		The High Court of Australia settled this common law test for determining a young person’s competence in a case commonly known as
		In short, before the age of majority, competence to consent operates on a continuum which ranges from the point at which a young person is clearly able to consent to the medical treatment proposed to that at which he or she is clearly unable to do so.
		competence test may need to spell out the level of understanding that is required for the young person to be deemed competent.
	www.lawlink.nsw.gov.au /lrc.nsf/pages/ip24chp02 (7179 words)

	Cork Online Law Review - 2004
		Gillick capacity may be called a creature of law and not of logic [30] since surely a right of consent without a corresponding right to withhold it is devoid of meaning?
		Gillick provided that a child might prove capacity by meeting a functional test; by demonstrating “a significant understanding and intelligence to enable him or her to understand fully what is proposed” [7].
		A child who is Gillick - competent to refuse treatment within the meaning of Re R [16] must demonstrate "a full understanding and appreciation of the consequences both of the treatment in terms of intended and possible side-effects and equally important, the anticipated consequences of a failure to treat." [17]
	colr.ucc.ie /essay/2004vii.html (4491 words)

	Family Law - Legal Essays and Coursework
		This assignment considers the law respecting the competence and compellability of spouses in criminal proceedings and whether subsequent reform regarding the compellabilty of the spouse is justified.
	www.acumenlegal.com /Family_Law (2111 words)

	Informed Consent
		Later case law has held that what must be considered is the level of understanding of a particular child in relation to the particular treatment proposed; on occasion 17 year olds have been found insufficiently competent, while much younger children have been accepted to be 'Gillick competent' and able to take important decisions for themselves.
		This test, known as "Gillick competence", still prevails, although it is a complex area which has provoked legal debate ever since.
		There is nothing wrong with a child or young person seeking genuinely confidential help from a competent counsellor, priest, social or youth worker without the knowledge of his/her parents.
	www.users.waitrose.com /~secretworld/consent.htm (885 words)

	Acts&Regulations for paternity testing
		Competence is not defined in the Act, but will be established according to common law principles (the 'Gillick test').
		If they are not competent or choose not to decide, appropriate consent will be that of a person with parental responsibility for them.
		(c) either he is not competent to deal with the issue of consent in relation to the activity or, though he is competent to deal with that issue, he fails to do so,
	www.childsupportanalysis.co.uk /information_and_explanation/legislation/paternity_testing_law.htm (1993 words)

	WFU - School of Law - International Elder Law Resources
		Greenfield, Aryeh, Legal Competence and Guardianship: Law and Regulations (Israeli Civil Code).
		Kimura, R., "Bioethical and sociolegal aspects of the elderly in Japan - with special reference to life-sustaining technologies." In: Law in east and west: on the occasion of the 30th anniversary of the Institute of Comparative Law.
		Lynch, Erin E., "Late-life crisis: a comparative analysis of the social insurance schemes for retirees of Japan, Germany, and the United States." 14 Comparative Labor Law Journal 339-384 (1993).
	www.law.wfu.edu /x3787.xml (2569 words)

	CLT in China: Frustrations, Misconceptions and Clarifications by Lanlin Zhang
		Thirdly, the goal of ELT is shifting from linguistic competence to communicative competence and the mode of teaching from single skill development to integrated skill training.
		In 1986, the then State of Education Commission (SEC) appointed a panel to develop new curricula and syllabi for all the schools in light of the new Compulsory Education Law.
		Communicative language teaching (CLT), initiated in Europe but studied most in the United States, was promoted in China in the 1990’s as a replacement for the traditional grammar-translation and audio-lingual approaches in English language teaching (ELT).
	www.hkjtefl.org /2004-Zhang-CLT.html (3332 words)

	Traffic Law
		Proposes an amendment to the constitution to authorize the General Assembly to provide by law for additional penalties or fees in DUI cases and for the allocation of such penalties to the Brain and Spinal Injury Trust Fund.
		Repeals certain provisions relating to the preparation of certificates in conjunction with the inspection of approved breath-testing instruments; authorizes the GBI to approve satisfactory techniques or methods to ascertain qualifications and competence of individuals to conduct analyses and issue permits.
		Provides that for any traffic misdemeanor cases occurring in a reduced speed zone surrounding a school or residential area, the court shall double the amount of the fine.
	www2.state.ga.us /Courts/Supreme/traffic.htm (505 words)

	Woodiwiss: Globalisation, Human Rights, and Labour Law...
		Because law has this transpositioning role and in order that its operation should be a source of order rather than disorder, and notwithstanding the variable competence of legal practitioners, the methodological principle according to which texts are related to facts and therefore adjustments made to power balances must be that of consistency.
		That is, the law provides the means, both discursive and institutional, whereby the subjects known to it (but not necessarily to themselves) as the possessors of rights and duties may be involuntarily transpositioned or shifted from position to position within the wider set of disciplinary relations which is an aspect of all social formations.
		The history of labour law in Hong Kong is one in which, after a long period of combined repression and toleration, post-recognition diminuations of liberties' have been non-trivially compensated for by enforceable and almost universal individual contractual, as well as reasonably widespread social, claims'.
	www.bsos.umd.edu /CSS97/papers/woodipap.html (12447 words)

	french legal environment - french language course in Paris for legal experts and law students,
		If you are a legal practitioner or a student of law/political science, if you are interested in politics: learn about French law, French legal institutions and the major political and social issues in France, all while following a specialised French language course.
		The French judicial system (presentation of courts and tribunals, competence, deadline for appeal, demurrage)
		Doctor of law, Secretary of the French Association of Legal Historians
	www.french-paris.com /uk/executives/exec_law.php (541 words)

	NCH - Code of Ethics & Conduct
		Advertising, no matter in what form or medium it is placed, shall represent a true picture of the hypnotherapist, their skill base, qualifications, facilities and any benefits that may be expected from hypnosis and shall conform to current Advertising Law.
		Members who have specific training in assessing Gillick competence may utilise these skills.
		Working with children: The NCH wishes to highlight that members should only work with children if th y are so qualified to do so, and to be aware of the potential risks to them of false or malicious claims being made by children if they are seen without an appropriate adult.
	www.hypnotherapists.org.uk /standards/ethics.asp (1056 words)

	Graham Stowe Bateson - Law in Action
		The school and medical authorities were applying procedures set down in the so-called Gillick Competence guidance, named after the birth control campaigner Victoria Gillick.
		There was general outrage, fuelled by strident headlines in the red-top tabloids, that the law had again failed and a mother’s rights had been trampled over.
		It states that the parental right to decide whether a child below the age of 16 does or does not have medical treatment ends when the child is judged to have sufficient intelligence and understanding to comprehend fully what is being proposed.
	www.gsblawyers.com /news/33.php4 (720 words)

	agrainofsand » Blog Archive » Playing God
		It’s 16 in the UK, with the caveat of Gillick competence (case law).
		if she’s competent to decide and wants to keep the baby, even if supposing she’s going to do a bad job raising it due to her youth, financial status etc, then i ain’t stopping her.
		igakunogakusei, i know the discussion is not on whether “competent” teenagers should be allowed to decide, and i’m glad that we agree when it comes to that situation anyway.
	journal.peishan.org /?p=550 (2843 words)

	EU competition law - Wikipedia, the free encyclopedia
		Primary competence for applying EU competition law rests with European Commission and its Directorate General for Competition, although state aids in some sectors, such as transport, are handled by other Directorates General.
		Competition law is one of the areas of authority of the European Union.
		As the EU is made up of independent member states, both competition policy and the creation of the European single market could be rendered ineffective were member states free to support national companies as they saw fit.
	en.wikipedia.org /wiki/EU_competition_law (264 words)

	Definition of EU competition law
		Primary competence for applying EU competition law rests with
		European Commission and its Directorate General for Competition, although state aids in some sectors, such as transport, are handled by other Directorates General.
		Competition law is one of the areas of authority of the
	www.wordiq.com /definition/EU_competition_law (264 words)

	Harris Law Firm, Spartanburg SC, South Carolina, criminal defense, personal injury, insurance dispute, lawyer, attorney, Ricky Harris
		The Harris Law Firm is dedicated to maintaining the highest standards of professional competence and is committed to taking the time to understand each individual client’s problems and needs.
		The Harris Law Firm also provides legal representation for the victims of accidents resulting in permanent injury, scarring and disfigurement, or death.
		It is the policy of the Harris Law Firm to provide free initial consultations on all legal matters.
	www.rharrislaw.com (353 words)

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In the News (Sat 19 Dec 09)