CHAP 4: STATUS & CURATORSHIP

Question 1

DEFINE STATUS

Answer 1

refers to legal subject’s standing in the legal word

it’s the position of the legal subject in the legal world

Question 2

FACTORS OF LEGAL CAPACITY

Answer 2

legal capacity, capacity to act & capacity to litigate

Question 3

FACTORS INFLUENCING LEGAL CAPACITY

Answer 3

age, domicile, & extra marital birth

Question 4

CHARACTERISTICS OF LEGAL CAPACITY

Answer 4

this is legal capacity that includes the individual’s capacity to hold office as a legal subject

it’s also the capacity to have rights & obligations that result from holding office

Question 5

CHARACERISTICS OF CAPACITY TO ACT

Answer 5

refers to the capacity to enter into legal action and conclude juridically relevant acts

this refers to voluntary performance of the person & the law attaches legal consequences to these legal acts

Question 6

CHARACTERISTICS OF CAPACITY TO LITIGATE

Answer 6

refers to legal competency which enables a person to act as plaintiff, defendant, applicant or respondent in a private lawsuit

ability to appear & stand in court

Question 7

CAPACITY TO LITIGATE CATEGORIES

Answer 7

1. an infant
2. a minor
3. a major

Question 8

ACCOUNTABILITY AS LEGAL CAPACITY

Answer 8

this is influenced by age & mental condition

for this capacity, objective tests are taken to determine accountability possibility

Question 9

DEFINE CURATOR BONIS

Answer 9

one who manages a person’s proprietary interests

Question 10

DEFINE CURATOR AD LITEM

Answer 10

appointed to assist a person in legal proceedings

Question 11

REQUIREMENTS FOR APPOINTMENT OF CURATORSHIP

Answer 11

if person suffers from mental issues with provision of proof & affidavit that has all descriptions of the mental state & extent or duration of the incapability

Question 11

REQUIREMENTS FOR APPOINTMENT OF CURATORSHIP

Answer 11

if person suffers from mental issues with provision of proof & affidavit that has all descriptions of the mental state & extent or duration of the incapability

Question 12

DUTIES OF THE CURATOR

Answer 12

manage affairs, protect/provide security to persons, avoid personal conflict b/w them & person, assist with legal proceedings, & provide annual report of admin of the estate relevant to the Mater of The High Court

Question 13

TERMINATION OF CURATORSHIP

Answer 13

if person or curator dies, resignation, court termination of curatorship, person regains mental capability, High Court relieves curator & if time lapses