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authority legal definition
noun
- The authorization, permission, power, or right to act on anotherÂ’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 statuteÂ’s legislative history that provides information or insight on how to interpret and apply the law. See also precedent.
actual authority
Authority, express or implied, intentionally given by a
principal to an agent.
adverse authority
Authority that is detrimental to a partyÂ’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
authorityÂ’s effect upon his clientÂ’s case.
apparent authority
Authority that can be reasonably inferred by a third party to
have been given to an agent based upon the third partyÂ’s dealings with the
principal or upon the principalÂ’s representations even if the principal did not
intend to give the agent such authority.
binding authority
See precedent.
persuasive authority
Authority 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 authority
Authority that is issued by law-making bodies, such as a
courtÂ’s decision or a statuteÂ’s legislative history.
secondary authority
Authority 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.
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