Authority Definition

Definition Of Authority:

n The authorization, permission, power, or right to act on another's behalf and to bind them by such actions.

See also agency, agent, and principal. The right or power to command, govern, or enforce obedience. A legal writing, such as a judicial decision, law review article or legal treatise, or a statute's legislative history that provides information or insight on how to interpret and apply the law. See also precedent.actual authorityAuthority, express or implied, intentionally given by a principal to an agent.adverse authorityAuthority that is detrimental to a party's argument or position regarding a question or an issue. Usually, when a lawyer finds such authority, he is under an ethical obligation to reveal it to the court, but it is done in such a way (for example, arguing that the decision in a previous case should be narrowly construed or was wrongly decided) as to minimize the authority's effect upon his client's case.apparent authorityAuthority that can be reasonably inferred by a third party to have been given to an agent based upon the third party's dealings with the principal or upon the principal's representations even if the principal did not intend to give the agent such authority.binding authoritySee precedent.persuasive authorityAuthority that is not binding on a court but still merits consideration. For example, a scholarly work or the decision of a higher court in another jurisdiction.primary authorityAuthority that is issued by law-making bodies, such as a court's decision or a statute's legislative history.secondary authorityAuthority that analyzes and explains the law, but is not issued by a court or legislature. For example, an annotation, law review article, or legal treatise.

Definition Of Authority:

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