Also known as: powers · authority · capacity
Written by attorneys · grounded in primary & secondary sources — see below
A legal authority or capacity to affect the rights or relations of others or to perform certain acts, granted by law, contract, or other instrument.
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Patrick Phan suffered from a diagnosed mental disease that impaired his reasoning. At the time of the charged conduct, the disease prevented him from recognizing that society viewed his actions as wrongful. The court applied the M'Naghten criteria and acquitted him because he lacked the required capacity.
Penelope Price defaulted on her mortgage held by Platinum Partners. The lender invoked the power-of-sale clause in the deed of trust and conducted a nonjudicial foreclosure under state statute. The sale terminated her equity of redemption and transferred the property to a third-party buyer.
Phuong Pham, a state election official, attempted to enforce a voting restriction that disproportionately affected women. Congress exercised its enforcement power under the Nineteenth Amendment to invalidate the restriction and restore equal access to the ballot.
Perry Pratt offered a settlement payment during negotiations with Prism Analytics over a contract dispute. When the case reached trial, the court excluded evidence of that offer under the rule governing statements made during compromise talks.
Pierce Patterson, a former government lawyer, possessed confidential information about a regulated company acquired during public service. He sought to represent a private client adverse to that company in a matter where the information could cause material disadvantage, triggering disqualification under the ethics rule.
Pilar Pena acted as procurement agent for Premier Manufacturing. She negotiated and executed a supply contract with Precision Tools in accordance with the company's express manifestations of consent. The resulting agreement bound the principal because the agent's acts fell within the scope of her authority.
The rule requires proof that a disease of the mind caused a defect of reason so that the defendant lacked capacity to know the act was wrongful or to understand its nature and quality. Mere moral belief that the conduct was right does not suffice. Loss of control alone is irrelevant under this test.
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Judicial foreclosure requires court action while power-of-sale foreclosure proceeds under the mortgage or deed of trust and state statute. Strict foreclosure is available only in limited jurisdictions. The chosen method determines notice, sale, and redemption rights.
…have been the extent of psychological knowledge at the time of Plessy v. Ferguson , this finding is amply supported by modern authority. Any language in Plessy v. Ferguson contrary to this finding is rejected.[^maj-10] We conclude that, in the field of public education, the doctrine of "separate but equal" has no place.…
…and whether the landmark owner will preserve the landmark. Finally, the matter goes to the Board of Estimate, which has final authority
…interfere with the proper administration of the fund. Of course personal service even without the jurisdiction of the issuing authority
…exhibit a sustained visual pursuit. [^maj-2]: Missouri’s policy is consistent with the common-law tradition that a guardian’s authority
…Deliberation and premeditation are necessary elements of first degree murder. Considerations as to the exercise of authority by this Court over the courts of the District of Columbia in the interpretation of local criminal statutes induced us to grant the writ in view of the issue presented. Judicial Code, § 240…
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The amendment prohibits denial or abridgment of the right to vote on account of sex and grants Congress power to enforce the prohibition by appropriate legislation.
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Such evidence is generally inadmissible to prove or disprove the validity or amount of a claim. It may be admitted for another purpose such as proving bias, negating undue delay, or showing obstruction of a criminal investigation.
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The lawyer may not represent a private client adverse to the person who is the subject of the information if the information could be used to that person's material disadvantage. Screening within the firm may permit continued representation by others.
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Authority arises from the principal's manifestations of consent to the agent. Acts done in accordance with those manifestations bind the principal.
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