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Authority

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Authority
(n) Authority is the form of power bestowed on a person by virtue of his holding of certain position or social responsibility to fulfill the duties entrusted on them.

 


AUTHORITY - The right and power which an officer has in the exercise of a public function to compel obedience to his lawful commands. A judge, for example, has authority to enforce obedience to his not being correct.

Primary Authority: Constitutions, codes, statutes, ordinances, and case law sources.

Mandatory Authority
Law Encyclopedia:
Mandatory Authority
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Secondary authority - Legal encyclopedias, treatises, legal texts, law review articles, and citators. Writings which set forth the opinion of the writer as to the law.

Certificate of Authority: A document issued by the secretary or state or equivalent department that authorizes a foreign corporation to operate in a state other than its state of incorporation.

Binding Authority: Law that controls the outcome of a case. For example, a decision on the same point of law by a higher court in the same state must be followed by a lower court in that state. See precedent.

Public Authority
Power to act of a public or state nature.
Person or body invested with power to act or state (as opposed to a private) nature.
Public Bills ...

Authority to hear cases not only between persons, but between persons and the government (akastate) and thus, the authority to render binding decisions in regards to government actions.
As John Adams wrote in 1775: ...

The authority of a court to hear and decide a case. To make a legally valid decision in a case, ...

The authority of a court to review the official actions of other branches of government. Also, the authority to declare unconstitutional the actions of other branches.
Jurat ...

The authority for patent statutes in different countries varies. In the United States, the Constitution empowers Congress to make laws to "promote the Progress of Science and useful Arts...

2. The authority given in the lettor of attorney is either general, as to transact all the business of the constituent; or special, as to do some special business, particularly named; as, to collect a debt.

Express authority
Definition
: authority that is explicitly granted to an agent by a principal
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The chief authority on the mark system is G. L. von Maurer, who has written Einleitung zur Geschichte der MarkHofDorfand Stadtverfassung and der offentlichen Gewalt (Munich, 1854; new ed., Vienna, 1896), ...

ostensible authority
n. apparent authority to do something or represent another person...
ouster
n. 1) the wrongful dispossession (putting out) of a rightful owne...

Venue - Authority of a court to hear a matter based on geographical location.
Verdict - A conclusion, as to fact or law, that forms the basis for the court's judgment. (See directed verdict.) ...

A person with authority to act on behalf of another person.
See Principal, Fiduciary, and Fiduciary duty.
Definition from Nolo's Plain-English Law Dictionary ...

Imperium: The authority over all of the citizenship to enforce the law.
Iudiciara: A standard term applied to laws dealing with the courts or judges.

item veto The authority of the governor to veto an item in an appropriation bill without affecting other provisions in the bill.
J
jeopardy See double jeopardy.

Jurisdiction-- Authority of a court to exercise judicial power.
Jurisprudence - The science of law.
Juror - Member of a jury.

Each country differs in the authority it gives paralegals in exercising what traditionally would be lawyers' work.

Each circuit has a chief judge who has authority to command all judges in his circuit, from magistrates hearing small claims cases in the county courts to judges presiding over capital murder cases in the circuit court.

Known then as an administrator ad colligendum, this person is a agent of the Court and does not have the true or full authority of an administrator of an estate.

Appointment of Estate Trustee With a Will A legal document issued by a Superior Court of Justice confirming that the will filed with the court is the last will of the deceased and that the person named as estate trustee in the will has authority ...

" The other meaning of the word is to describe the supreme legislative powers of a state: that they are totally independent and free from any outside political control or authority over their decisions.

The act performed by an officer of the law, under the authority and exigence of a writ, in taking into the custody of the law the property, real or personal, of a person against whom the judgment of a competent court has passed, ...

Citation - An act or order of the court by which a person is summoned or directed to appear in a proceeding; also, a reference to legal authority.
Citation Proceedings - see Supplemental Proceedings.

The laws of the Federal government, as stated, are embodied in the Constitution, acts of Congress, and treaties made by its authority. Nor have the Federal courts jurisdiction of common law offenses.

By an ordeal, appeal was made to divine authority to decide the guilt or innocence of one accused of a crime or to choose between disputants. This custom was known to ancient peoples as well as to those of fairly advanced material culture.

Law Terms jurisdiction is The authority of a court to hear and decide a case.

Delegatus non potest delegare: (Latin: a delegate cannot delegate) A person to whom authority or decision-making power has been delegated by a higher source, cannot delegate that power to someone else, ...

Date of assent or Date of enactment The date when the legislative document is agreed or approved by the empowered authority (e.g. Queen, President, Ministry, etc.).

The authority covers aliens who are inadmissible because they have no entry documents or because they have used counterfeit, altered, or otherwise fraudulent or improper documents.

It's not necessary that physical force be used; threats or a show of apparent authority are sufficient. False imprisonment is a misdemeanor and a tort (a civil wrong).

If an MP disregards the authority of the Chair or persistently obstructs the House in its duties then he or she can be 'named'. The Speaker says "I name the Honourable Member for ..... Mr/s.., for disregarding the authority of the Chair.

The authority of the administrative law judge to hear and decide a case. The authority of the administrative law judge is limited by statutes and regulations.

Without authority.
Unjust Enrichment:
A legal procedure whereby you can seek reimbursement from another who benefitted from your action or property without legal justification.

Without authority. An act which is beyond the powers or authority of the person or organization which took it.
Uniform Interstate Family Support Act (UIFSA), and Uniform Reciprocal Enforcement of Support Act (URESA) ...

One definition relates to the authority of a court to hear and rule upon certain types of cases. This is sometimes called "subject matter jurisdiction." This term can also refer to a limitation on the extent of authority or control.

subject matter jurisdiction: the authority granted to a court or court system by its sovereign (state laws or constitutions for state courts; federal laws or the U.S. Constitution for federal courts) defining what types of cases it may hear.

Arrest: To take into custody by legal authority.
The Legal Dictionary has taken steps to ensure that all legal, law, and court terms contained in our legal dictionary are correct.

takes a person by the use of physical force or threat of bodily harm or detains the child for a substantial period of time (at least 1 hour) in an isolated place by the use of physical force or threat of bodily harm without lawful authority or ...

Under a grievance procedure, an employee dissatisfied with a disciplinary decision can apply to a higher authority. A grievance procedure generally advises an employee on how he can seek redress and what further steps may be taken.

Regulations are made under the authority of an Acts. Regulations contain details necessary to carry out specific matters relating to the Act.

jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case.

ARREST- To deprive a person of his liberty by legal authority.
ARTICLES OF INCORPORATION - A document that must be filed with a state in order to incorporate.

COURT OF CLAIMS -- Has the authority to hear only claims against the State of Michigan. As a general rule, a state cannot be sued without its consent.

Jurisdiction - 1. The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. 2. The geographic area over which the court has authority to decide cases.

Jurisdiction - The power or authority of a court to hear and try a case; the geographic area in which a court has power or the types of cases it has power to hear.
Jurisprudence- The study of law and the structure of the legal system.

Jurisdiction - The court's legal authority to hear and resolve specific disputes. Jurisdiction is usually composed of personal jurisdiction (authority over persons) and subject matter jurisdiction (authority over types of cases.) ...

Definition: refers to the legal authority to make major decisions on behalf of the child; this may include where the child will go to school, the type of education, the form of religious upbringing, and non-emergency medical decisions.

Bye-law: A law made by a local authority, such as a county council, for its own area. Some organisations, such as the London Underground, also have powers to make bye-laws eg to ban smoking on tube trains.

...

Unofficial publications: Cases, regulations and statutes that are published without statutory authority designating them as an official version.

Issued by a local authority for breach of Town & Country Planning le.g.islation. Enforceable against current owner (even if the breach was committed by a previous owner).
Exclusion clause ...

Jurisdiction: The legal authority of a court to hear and decide a case.
Jury: Persons selected according to law and sworn to inquire into and declare a verdict on matters of fact.

contempt of court: any act calculated to embarrass, hinder, or obstruct a court in the administration of justice, or calculated to lessen its authority or dignity. Contempt is of two kinds: direct and indirect.

jurisdiction - The legal authority of a court to hear a case or conduct other proceedings; power of the court over persons involved in a case and the subject matter of the case.

guardian - A guardian has the authority to consent, on behalf of an infant, child or incompetent, to marriage, enlistment in the armed forces, or major medical, surgical, or psychiatric treatment. Includes legal custody.
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OCHLOCRACY
A government where the authority is in the hands of the multi- tude; the abuse of a democracy. Vaumene, Dict. du Language Politique. ... more
ODHALL RIGHT
The same as allodial. ... more ...

See also: Law, Person, Court, State, Right