Also known as:authorities · authorize · authorizes · authorized · authorizing · authorisation · authorization · power · precedent · jurisdiction
Written by attorneys · grounded in primary & secondary sources — see below
The power of an agent to affect the legal relations of the principal by acts done in accordance with the principal's manifestations of consent to the agent. This power arises from the principal's grant and enables the agent to bind the principal in transactions within the scope of the grant.
Sources & Authorities
How it applies
Common Examples
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Force Overcoming Resistance
Audrey Ashton approached Albert Allen on the street and demanded his wallet. When Allen resisted, Ashton used sufficient force to pry the wallet from Allen's grip. The force satisfied the requirement for a taking from the victim's presence by overcoming resistance, establishing the elements needed for liability.
Citizenship and Equal Protection
Amelia Amari, born in the United States to noncitizen parents, sought state benefits available only to citizens. The state denied the benefits on the ground that her birth did not confer citizenship. The denial violated the command that all persons born in the United States are citizens entitled to equal protection.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Alexandra Armstrong offered evidence that a particular intersection lay within the trial court's county. The court took notice that the intersection was generally known to be within its territorial jurisdiction and admitted the fact without further proof.
Confidential Government Information
Adrian Aguilar, formerly a government employee, possessed confidential information about a private individual acquired during public service. Aguilar later sought to represent a client adverse to that individual in a matter where the information could cause material disadvantage. The representation was barred.
Series of Transactions
Ariana Azizi was hired by Aether Technologies to handle all of the company's recurring vendor contracts over an extended period. Because the role involved a continuity of service across multiple similar transactions, Azizi functioned as a general agent possessing authority to bind the principal.
Counter-Offer Terminating Power
Anchor Bank offered to sell property to Aurora Biotech. Aurora responded with a counter-offer containing different terms. The counter-offer terminated Aurora's power to accept the original offer.
Common questions
Frequently Asked
6
What creates an agent's authority to bind the principal?+
Authority arises when the principal manifests consent to the agent and the agent acts in accordance with that manifestation. The power enables the agent to affect the principal's legal relations within the granted scope.
How does a counter-offer affect the offeree's power of acceptance?+
A counter-offer terminates the offeree's power to accept the original offer unless the offeror has manifested a contrary intention or the counter-offer itself manifests a contrary intention.
When may a former government lawyer not represent a private client?+
A former government lawyer may not represent a private client adverse to a person about whom the lawyer possesses confidential government information if the information could be used to the material disadvantage of that person.
What facts may a court judicially notice under Rule 201(b)(1)?+
A court may judicially notice a fact that is generally known within the trial court's territorial jurisdiction and not subject to reasonable dispute.
Does birth in the United States confer citizenship under the Fourteenth Amendment?+
All persons born in the United States and subject to its jurisdiction are citizens of the United States and of the state in which they reside.
What force is required for robbery at common law?+
The force must be strong enough to overcome the victim's resistance. Intimidation requires threats of immediate death or serious physical injury.
5 U.S. (1 Cranch) 137 (1803)Property
…United States has not power to issue a mandamus to a Secretary of State of the United States, it being an exercise of original jurisdiction not warranted by the Constitution. Congress have not power to give original jurisdiction to the Supreme Court in other cases than those described in the Constitution. An act of Congress…