Also known as:authorised by law · lawfully authorized · lawful · legally authorized
Written by attorneys · grounded in primary & secondary sources — see below
A condition or exception permitting specified conduct or action when sanctioned by statute, rule, common law, or other legal authority.
Sources & Authorities
How it applies
Common Examples
6
Conspiracy Agreement on Unlawful Objective
Adrian and Anita agree to block a public roadway to pressure a developer into abandoning a project. The agreement targets an objective the law treats as contrary to public welfare even though no crime is planned. Because the objective qualifies as unlawful, the parties face conspiracy liability.
Former Testimony Offered Against Party
Alexis testifies at a prior civil hearing about a contract dispute. Anchor Bank later offers that testimony against a predecessor in interest who had the same motive to cross-examine. The court admits the testimony because it meets the requirements for former testimony when the declarant is unavailable.
Judge Serving as Mediator by Statute
Put it into practice
Test Yourself
6
Practice Questions1
· 39 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Judge Anthony Arnold receives a statutory appointment to mediate a complex commercial case outside his regular docket. The appointment falls within an express statutory exception allowing judges to perform such functions. The conduct therefore complies with the prohibition on extrajudicial arbitration or mediation.
Will Acknowledgment Before Authorized Officer
Alan Ackerman signs his will and then appears before a notary public who verifies his signature. The notary holds office under a statute granting authority to take acknowledgments. The will satisfies the execution formality because the acknowledgment occurs before an individual authorized by law.
Trust Purpose Meeting Statutory Limits
Avalon Pharmaceuticals creates a trust to fund employee health research. The trust terms require all distributions to advance that purpose and to benefit designated employees. Because the purpose is lawful, not contrary to public policy, and achievable, the trust is validly formed.
Continuation of Preexisting Nonconforming Use
Arcadia Retail operates a retail store that complied with zoning when built. After the city rezones the area to prohibit retail uses, the store continues operations. The owner retains the vested right to maintain the use because it was lawful when established.
Common questions
Frequently Asked
4
When does the authorized-by-law exception permit a lawyer to contact a represented person without consent?+
The exception applies when a specific statute, court order, or other legal provision expressly permits the contact. It does not extend to routine investigative activity that merely falls within general law-enforcement powers.
Supporting sources
Does a government report qualify for the public-records hearsay exception solely because the agency conducted an investigation?+
No. The report must contain factual findings from a legally authorized investigation. Authority exists only when the agency acted within its statutory or regulatory mandate.
Supporting sources
May a judge serve as a mediator in a private dispute under the judicial-conduct rules?+
A judge may do so only when a statute or other law expressly authorizes the service apart from official duties. Absent such authorization the conduct is prohibited.
Supporting sources
What makes an acknowledgment valid for will execution under the Uniform Probate Code?+
The acknowledgment must occur before a notary public or another individual whom the law expressly empowers to take acknowledgments. A person lacking that statutory authority cannot satisfy the requirement.
Supporting sources
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