AUTHORITIES, practice. This word refers to quotations made from laws, laws of the legislature and decided cases and opinions of elementary writers. In its narrow sense, this word refers to cases decided on a solemn dispute and which are said to be “authoritative for similar judgments in similar cases. 1 Lilly`s Reg. 219. These are sometimes called precedents. (S. A.) Merlin, Directory, word Authorities. 2. It has been noted that if we find an opinion on a particular point in a lyricist, we must consider it not only as the opinion of the author, but as the alleged result of the authorities to which he refers; 3 Bos. & Shoot. 361; But this is not always the case, and often the opinion is held with the reasons that support it, and it must stay or fall, whether these are justified or not. A distinction was made between writers who held judicial and non-judicial positions; The former are considered authoritative, the latter are not, unless their works have been judicially recognized as such.
Ram. über Urteile, 93 years old. But this distinction does not seem to be justified; Some writers who have held judicial office do not possess the talents or erudition of others who were not as high, and the works or writings of the latter deserve much more authoritative character than that of the former. See 3 T. R. 4, 241. Authorities are also cited by scholars in legal treatises, horn books, and reformulations to lay the groundwork for statements and conclusions contained in the books. n.
1) Previous decisions of appellate courts that provide legal advice to a court on issues raised in an ongoing trial called “precedents”. Legal briefs (written arguments) are often referred to as “points and authorities”. Thus, a lawyer “cites” previously decided cases as “authorities” for his legal positions. 2) a common term for law enforcement, as in “I`ll Call the Authorities” (i.e. the police). (See: previous, quote, brief) Government entities created and delegated with official functions, such as a district road authority. In legal research and citation, entities cited as sources of law, such as laws, court decisions, and legal textbooks. The parties support their positions in a lawsuit by citing the authorities in pleadings, motions and other documents submitted to the court. Primary authorities are summonses from laws, court decisions and government regulations that, if they have the force of law, must be applied by the court to resolve the disputed issue if they are relevant to the case.
Secondary authorities are references to treaties, manuals or reformulations that explain and discuss the general principles of law that support a party`s position in a dispute. These authorities have no legal effect and can be ignored by the court. Some course information and assignments can be accessed from your course`s Blackboard page. Authority is official permission or the right to act, often on behalf of others. Authority can also be a person or institution that has power over another person. The content of this guide comes from the work of Professor Therese Clarke Arado, who has been writing and updating the printed basic legal research course packages for each semester for many years. The FARA website also contains a summary of FARA-related laws, a brief guide to FARA implementation, and information on ongoing cases. The FARA unit has compiled an unofficial index of FARA`s statutes. In the context of agency, authority can be real or implicit/obvious/constructive. Effective authority is expressly or explicitly delegated from a procuring entity to a delegate. Implied authorities, on the other hand, are not explicitly delegated; Instead, it is heavily concluded that the client should transfer this power of attorney to the authorized representative. The FARA Act and related regulations are available on the Government Printing Office website.
n. Permission, a right associated with the authority to do an act or order others to act. Often, one person gives another the power to act as an employer for an employee, as a principal for an agent, as a business for its officers, or as a government authorization to perform certain functions. There are different types of authority, including “apparent authority”, when a principal gives various signs of authority to an officer to make others believe that he or she has authority; “explicit authority” or “limited authority,” which specifies exactly what power is granted (usually a written set of instructions), “implied authority,” which results from the position one holds, and “general authority,” which is the general power to act on behalf of others. This guide is intended as a quick reference to selected content from your core legal research course package to help you review the course content and complete your assignments. Authority as an organization is the power to act on behalf of others; Power delegated by a principal to an agent. Authority is at the heart of the warrant law – if someone undertakes an act on behalf of another person without having the authority to do so, the act is usually null and void. Actions performed outside or outside the realm of a person`s authority are ultra vires (beyond power).