AUTHORITY
authority. 1. The right or permission to act legally on another’s behalf; esp., the power of one
person to affect another’s legal relations by acts done in accordance with the other’s manifestations
of assent; the power delegated by a principal to an agent <authority to sign the contract>. — Also
termed power over other persons. See AGENCY. [Cases: Principal and Agent 96.C.J.S. Agency
- § 148–149.]
“The term ‘authority,’ like the term ‘contract,’ may easily be used in three senses, and is
therefore a term to be avoided when accurate reasoning is desirable. It may be used to mean (1)
the operative acts of the principal, (2) a physical document executed by the principal, or (3) the
legal relations consequent upon the preceding operative facts (1) and (2), and especially the legal
power conferred upon the agent to bring the principal into new legal relations without any further
action by the principal. The operative facts may be spoken words, a document together with the
acts necessary to execute it, or other conduct by the principal apparently expressing an intention to
create a power. Hereafter, the word ‘authority’ will be used to denote these operative facts; in other
cases the word power will usually be substituted. This latter word is not so likely to be taken in
shifting senses, in spite of the fact that ‘power of attorney’ generally means a physical document
under seal.” William R. Anson, Principles of the Law of Contract 508 n.1 (Arthur L. Corbin ed.,
3d Am. ed. 1919).
actual authority.Authority that a principal intentionally confers on an agent or authority that
the agent reasonably believes he or she has as a result of the agent’s dealings with the principal. •
Actual authority can be either express or implied. — Also termed real authority. [Cases: Principal
and Agent 96, 99. C.J.S. Agency §§ 148–149, 153–164.]
“Actual authority is such as a principal intentionally confers upon the agent, or intentionally,
or by want of or-dinary care, allows the agent to believe himself to possess.” Cal. Civ. Code §
2316.
apparent authority.Authority that a third party reasonably believes an agent has, based on the
third party’s dealings with the principal, even though the principal did not confer or intend to
confer the authority. • Apparent authority can be created by law even when no actual authority has
been conferred. — Also termed ostensible authority; authority by estoppel. [Cases: Principal and
Agent 99. C.J.S. Agency §§ 153–164.]
“The term ‘apparent authority’ means that a legal power is vested in the agent in the absence
of any intention by the principal that it should exist, or even in spite of his intention that it should
not exist. The operative facts causing this power to exist are acts of the principal which,
considered along with surrounding facts, induce the third person with whom the agent deals to
believe reasonably that the principal intended the power to exist. The power is real and not merely
apparent. The agent is indeed a wrongdoer in exercising the power. He possesses the power but
not the legal privilege of using it. Likewise, the authority (meaning the action of the principal
creating the agent’s power) is real. It is only the intention of the principal to create such a power
that is merely apparent (i.e., non-existent).” William R. Anson, Principles of the Law of Contract
510 n.1 (Arthur L. Corbin ed., 3d Am. ed. 1919).
“ ‘Apparent authority’ of an insurance agent means such authority as an insurer knowingly
permits the agent to assume, or which it holds him out as possessing, that is, such authority as he
appears to have by reason of actual authority or such authority as a reasonably prudent man would
suppose the agent to possess.” John Alan Ap-pleman & Jean Appleman, Insurance Law and
Practice § 8674 (1981).
authority coupled with an interest.Authority given to an agent for valuable consideration. •
This authority cannot be unilaterally terminated by the principal. [Cases: Principal and Agent 34.
C.J.S. Agency §§ 114–119.]
constructive authority.Authority that is inferred because of an earlier grant of authority.
express authority.Authority given to the agent by explicit agreement, either orally or in
writing. — Also termed stipulated authority. [Cases: Principal and Agent 96. C.J.S. Agency §§
148–149.]
general authority.A general agent’s authority, intended to apply to all matters arising in the
course of business.
implied authority.Authority intentionally given by the principal to the agent as a result of the
principal’s conduct, such as the principal’s earlier acquiescence to the agent’s actions. — Also
termed presumptive authority. [Cases: Principal and Agent 99. C.J.S. Agency §§ 153–164.]
incidental authority.Authority needed to carry out actual or apparent authority. • For example,
the actual authority to borrow money includes the incidental authority to sign commercial paper to
bring about the loan. — Also termed inferred authority. [Cases: Principal and Agent 99. C.J.S.
Agency §§ 153–164.]
inherent authority.Authority of an agent arising from the agency relationship.
naked authority.Authority delegated solely for the principal’s benefit, without giving any
consideration to the agent. • This authority can be revoked by the principal at any time.
ostensible authority.See apparent authority.
presumptive authority.See implied authority.
real authority.See actual authority.
special authority.Authority limited to an individual transaction.
stipulated authority.See express authority.
supervisory authority.See SUPERVISORY AUTHORITY.
- Governmental power or jurisdiction <within the court’s authority>.3. A governmental
agency or corporation that administers a public enterprise < transit authority>. — Also termed
public authority. [Cases: Municipal Corporations 2. C.J.S. Municipal Corporations §§ 7–9.]
constituted authority.(often pl.) The legislative, executive, and judicial departments officially
and rightfully governing a nation, people, municipality, or other governmental unit; an authority
properly appointed or elected under organic law, such as a constitution or charter.
examining authority.A self-regulatory organization registered with the Securities and
Exchange Commission and vested with the authority to examine, inspect, and otherwise oversee
the activities of a registered broker or dealer.
- A legal writing taken as definitive or decisive; esp., a judicial or administrative decision A
cited as a precedent <that case is good authority in Massachusetts>. • The term includes not only
the decisions of tribunals but also statutes, ordinances, and administrative rulings. [Cases: Courts
- C.J.S. Courts § 139; Trade-Marks, Trade-Names, and Unfair Competition § 187.]
adverse authority.Authority that is unfavorable to an advocate’s position. • Most ethical codes
require counsel to disclose adverse authority in the controlling jurisdiction even if the opposing
counsel has not cited it.
imperative authority.Authority that is absolutely binding on a court. — Also termed binding
authority. Cf. binding precedent under PRECEDENT.
persuasive authority.Authority that carries some weight but is not binding on a court.
“It may be well to call attention to the fact that the word ‘authority’ is used by lawyers in at
least two senses, one abstract and the other concrete. The word [in its concrete sense] refer[s] to
the book or other repository to which one resorts to find propositions of law, and sometimes the
word is used in an even narrower sense to mean reported cases. In its abstract sense, however,
‘authority’ is substantially equivalent to ‘influence’ or ‘power,’ and in this sense ‘authority’ may be
divided into two grades, in that the force of a statement of law is either imperative (that is to say,
absolutely binding upon the courts) or simply persuasive. The use of the terms ‘primary’ and
‘secondary’ authority, as applied in the concrete sense, must not be confused with the use of the
terms ‘imperative’ and ‘persuasive’ authority, as used in the abstract sense. That is to say, a book
of primary authority may be either imperative or persuasive, according to the circumstances … , or
it may be of no force at all. Books of secondary authority are, in the nature of things, usually
merely of persuasive authority.” William M. Lile et al., Brief Making and the Use of Law Books
12 (3d ed. 1914).
primary authority.Authority that issues directly from a law-making body; legislation and the
reports of litigated cases.
secondary authority.Authority that explains the law but does not itself establish it, such as a
treatise, annotation, or law-review article.
- A source, such as a statute, case, or treatise, cited in support of a legal argument <the
brief’s table of authorities>.[Blacks Law 8th]