Also known as: authority · authorities · precedent · legal authority
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 him. This power arises directly from the agency relationship and enables the agent to bind the principal in dealings with third parties.
Congress enacts a statute imposing a uniform excise tax on imported electronics to fund national infrastructure projects. Importers challenge the tax as exceeding federal power. The court upholds the statute because the enactment falls within the enumerated power to lay and collect excises for the general welfare.
In a personal injury suit, the defendant moves for an order requiring the plaintiff to undergo a physical examination by a licensed physician. The plaintiff objects that no good cause exists. The court grants the motion after finding the plaintiff's physical condition is genuinely in controversy and the request is supported by adequate cause.
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During settlement talks, a corporate defendant offers to pay the plaintiff a sum to resolve a contract dispute. When the talks fail and trial begins, the plaintiff seeks to introduce the offer to prove the claim's validity. The court excludes the statement because it was made during compromise negotiations concerning a disputed claim.
A lawyer who previously served as a government regulator possesses confidential information about a company acquired during public employment. The lawyer later seeks to represent a competitor adverse to that company in a matter where the information could harm the former subject. The ethics board disqualifies the lawyer from the representation.
Atlas Ventures expressly authorizes its employee to negotiate and sign supply contracts on its behalf. The employee enters a contract with Arcadia Retail consistent with that authorization. Atlas Ventures later refuses to perform, claiming the employee lacked power. The court holds Atlas Ventures bound because the employee's acts occurred within the scope of the principal's consent.
Federal authorities attempt to try a civilian by court-martial for alleged sabotage even though civilian courts remain fully operational. The civilian moves to dismiss for lack of jurisdiction. The court grants the motion because Congress possesses no power to subject civilians to military tribunals when ordinary courts are open.
Actual authority exists when the agent acts in accordance with the principal's manifestations of consent. Apparent authority arises instead from the principal's manifestations to third parties that create a reasonable belief the agent is authorized.
Yes. Article I Section 8 enumerates specific powers granted to Congress, including the power to lay taxes and regulate commerce. Powers not enumerated are reserved to the states or the people.
A court may order such an examination under Rule 35 when the party's mental or physical condition is in controversy and good cause is shown. The order must be made on motion with notice to all parties.
…mandamus, in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States.' This court has entertained jurisdiction on a mandamus in one case and on a prohibition in another. In none of these cases was the power of this court to issue a…