0 0
Oregon Court of Appeals - 193 Or. App. 279
The case involves a wife's appeal to set aside a stipulated dissolution judgment, claiming that she was not mentally competent at the time of the judgment. The trial court applied the cognitive test to determine her competency, which requires the capacity to understand the nature of the act and its consequences. The appellate court affirms the trial court's decision that the cognitive test is the law of the state and that the trial court did not err in applying it to determine the wife's competency to enter into the stipulated judgment. The court concludes that the record supports the trial court's finding that the wife was competent under the cognitive test and affirms the decision without discussion of the wife's other assignments of error.
The case involves a 17-year marriage dissolution with domestic violence and two minor children. During a settlement conference, the wife, who suffered from depression, post-traumatic stress disorder, and battered woman's syndrome, became emotionally unstable and signed a stipulated judgment that gave all the Intel stock options and interest in the software company to the husband. The wife's attorney did not agree to the agreement, and a psychologist concluded that the wife was not capable of making rational decisions due to her severe emotional disturbance and dissociative state. The concurring judge agrees that the trial court did not err in applying the cognitive test to determine the wife's mental competency, but suggests that the law of mental competency to enter into contracts may need to be reexamined and clarified in light of recent developments.
LSD+ gives you access to over 50,000 case briefs, more than anyone else. Be the first to email us the website of a case brief product that offers you more case briefs and we'll give you a free year of LSD+.
Unlimited access. Read as much content as you want during your trial with no device limitations. Cancel any time during your trial and keep access for the full 14 days.
Lawyers and judges love to use big words. And Latin, for some reason.
Highlight a legal term in LSD Briefs and get an instant, plain English definition. Try highlighting contract or specific performance. No need to search or read through a list of definitions, simply highlight the words you don’t know and our LSDefine integration will instantly give you a definition to any of over 30,000 legal terms.
DeepDive allows you to explore legal cases like never before. DeepDive offers multiple levels of case summaries, which empowers you to quickly and easily find the information you need to stay on top of readings. Easily navigate through summary levels and click on any text to get more detail, all the way down to the original legal case text.
Our proprietary state-of-the-art system can instantly brief over 6,000,000 US cases. That means we can probably brief that case that your professor assigned last night when she sent you a poorly scanned pdf and told you to read every third paragraph. Or maybe she uploaded it to Canvas and didn’t really tell you to read it, but you know you probably should. Tenure does wild things to good people.
Study groups are a great way to learn and explore a case. LSD has chat rooms for each case to let you ask questions across the community and hear what other students struggled with and how they put it all together. Learn the key points of every case from other LSD+ users and share your knowledge with LSD High Points.
Don’t settle for mistakes in briefs that have been there for 10 years and never fixed. Find an issue or something missing from a brief? Down vote and we will make improvements. All of our case brief editors graduated from from T14 law schools.