Also known as:Convention on International Trade in Endangered Species
Written by attorneys · grounded in primary & secondary sources — see below
A verb used when a power of attorney document references a statutory section to grant the agent the full authority described in that section.
Sources & Authorities· 1 primary source
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Study Supplements
How it applies
Common Examples
6
Power Of Attorney Incorporates Authority
Christopher Collins signs a power of attorney that cites the section on real property transactions. The agent then sells land without further description in the document. A later attempt by Collins to restrict the sale fails because the citation incorporates the entire statutory authority.
Suspect Invokes Protection During Questioning
Christian Coleman is arrested and taken to the station. Officers begin asking questions without first informing him of his rights. Coleman later moves to exclude his statements because the officers failed to provide the required warnings before interrogation.
Corinne Cho is charged under a city ordinance that bans only certain symbols associated with one viewpoint. She challenges the ordinance on the ground that it singles out disfavored messages while leaving other fighting words untouched.
R.A.V. v. City of St. Paul, Minnesota505 U.S. 377 (1992)
Couple Challenges Criminal Prohibition
Cade Carpenter and his partner are arrested in their home under a statute criminalizing private intimate conduct between same-sex adults. They argue that the law lacks any legitimate state interest beyond moral disapproval.
Lawrence v. Texas539 U.S. 558 (2003)
Ordinance Singles Out Religious Practice
Cynthia Cortez's religious group plans to perform a traditional animal sacrifice. The city enacts rules that prohibit the practice while allowing other animal killings for nonreligious reasons. The group sues claiming the rules target their faith.
Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah508 U.S. 520, 113 S. Ct. 2217, 124 L. Ed. 2d 472 (1993)
Noncitizen Receives Incomplete Advice
Clifford Cox pleads guilty after his lawyer fails to warn him that the conviction will trigger automatic deportation. He later seeks to withdraw the plea on the ground that counsel provided no information about the immigration consequences.
Padilla v. Kentucky130 S. Ct. 1473, 1485 (2010)
Common questions
Frequently Asked
3
What does it mean for a power of attorney to cite a statutory section?+
The citation incorporates the entire section into the document as if the text were written out in full. The agent receives all authority described in the referenced section unless the principal expressly modifies it.
Supporting sources
Does citing a section allow the principal to limit the incorporated authority later?+
Yes. The principal may modify the authority that is incorporated by reference through an express statement in the power of attorney.
Supporting sources
What happens if the power of attorney uses only a descriptive term instead of a section citation?+
The agent still receives the authority described in the corresponding statutory section when the document refers to general authority with respect to that descriptive term.
Supporting sources
384 U.S. 436 (1966)Evidence
…be linchpins of the confession rules announced today. To support its requirement of a knowing and intelligent waiver, the Court cites Johnson v. Zerbst , 304 U. S. 458, ante , p. 475; appointment of counsel for the indigent suspect is tied to Gideon v. Wainwright , 372 U. S. 335, and Douglas v. California , 372 U. S.…
TortsNegligence · The duty question, including failure to act, unforeseeable plaintiffs, and obligations to control the conduct of third partiesUBEFoundational