Written by attorneys · grounded in primary & secondary sources — see below
An authorization or consent allowing a specified action or use under applicable legal standards.
Sources & Authorities· 40 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Merger Bars Separate Conspiracy Charge
Pavel Petrov and Patrick Phan agreed to commit arson and then carried out the burning of a warehouse. After their conviction for arson, the prosecutor sought a separate conspiracy conviction based on the same agreement. The court refused because the completed offense absorbed the agreement.
Discovery Request Exceeds Scope
Priscilla Parks sought production of every email sent by Pierre Poulin over five years in a contract dispute. The court limited the request because the volume of material fell outside the bounds allowed for proportional discovery.
Judge Piper Patel learned that her clerk had made derogatory remarks about a litigant's national origin during a hearing recess. The judge took no corrective action and permitted the remarks to stand unchallenged.
Former Official Uses Confidential Data
After leaving government service, Patricia Patel used nonpublic procurement data she had obtained as a regulator to represent Premier Manufacturing against a former agency target. No statute expressly allowed the representation.
Exceeding Authorized Use of Equipment
Pacific Bank lent Prism Analytics a server solely for internal data storage. Prism Analytics instead used the server to host a commercial website for third parties, causing substantial wear and data conflicts.
Irrevocable License Treated as Easement
Pioneer Energy obtained written permission to run a pipeline across Pioneer Energy's neighbor's land in exchange for annual payments and the right could not be revoked. The arrangement was classified as an easement rather than a mere revocable license.
Common questions
Frequently Asked
3
When does the law treat an action as permitted versus prohibited?+
The determination turns on whether the governing rule or agreement expressly authorizes the conduct. Silence or general statements usually do not constitute permission when a specific authorization is required.
Supporting sources
Does exceeding the scope of permission create liability?+
Yes. When a party uses property or information beyond the limits of the authorization granted, liability for conversion or breach may follow if the excess use seriously interferes with the owner's control.
Can a judge or lawyer be responsible for permitting bias by others?+
A judge must not permit court staff or others under the judge's direction to manifest bias. Similar obligations apply to lawyers who learn of confidential government information obtained during public service.
5 U.S. (1 Cranch) 137 (1803)Property
…denied at the Department of State. Although a respectful memorial had been made to the Senate praying that their Secretary be permitted to give extracts from the executive journals, the request was denied. The applicants therefore summoned witnesses to attend court whose voluntary affidavits they could not obtain. Mr. Lee…