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authority

authority definition - legal

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.