Authority

Authority in the United States

Authority Definition

  • Power. In Contracts. The power lawfully delegated to a person by another. Authority coupled with an interest is an authority given to an agent for a valuable consideration, or which forms part of a security. Express authority is that given explicitly, either in writing or verbally.
  • General authority is that which authorizes the agent to do everything connected with a particular business. (…) It empowers him to bind his employer by all acts within the scope of his employment, and it cannot be limited by any private order or direction not known to the party dealing with him.
  • Limited authority is that where the agent is bound by precise instructions. Special authority is that which is confined to an individual transaction. (…) Such an authority does not bind the employer, unless it is strictly pursued, for it is the business of the party dealing with the agent to examine his authority, and therefore, if there be any qualification or express restriction annexed to it, it must be observed; otherwise, the principal is discharged. (…)
  • Naked authority is that where the principal delegates the power to the agent wholly for the benefit of the former. A naked authority may be revoked; an authority coupled with an interest is irrevocable. Unlimited authority is that where the agent is left to pursue his own discretion.
  • In Governmental Law: The right and power which an officer has, in the exercise of a public function, to compel obedience to his lawful commands. A judge, for example, has authority to enforce obedience to his lawful orders. (1)

Lease Authority (in Federal Administrative Law) Definitions:

  • Independent Statutory Authority Definition: Authority to acquire leased space
    that originates in a statute enacted into law. This may be an agency wide
    standing authority to acquire leased space or it may be a singular authority
    granted to acquire leased space for a specific activity of a Federal agency.
  • Delegation from GSA – Categorical Space Definition: As specified in Federal
    Management Regulations (FMR) 102-73.145 through 102-73.155, a categorical
    space delegation is a standing delegation of authority from the Administrator of
    the General Services to a Federal agency to acquire a type of space, such as
    antennas, depots, piers, and greenhouses. The full list of space types included
    in the categorical space delegation may be found at FMR 102-73.155.
  • Delegation from GSA – Special Purpose Space Definition: As specified in
    FMR 102-73.160 through 102-73.255, an agency special purpose space
    delegation is a standing delegation of authority from the Administrator of General
    Services to specific Federal agencies to lease their own special purpose space.
    The full list of agencies that have special purpose space delegations and the
    types of special purpose space they can lease may be found at FMR 102-73.170
    through FMR 102-73.225.
  • Delegation from GSA – Provider of Choice Authority Definition: As specified
    in FMR 102-72.30 (b.), the Administrator of General Services has issued a
    standing delegation of authority (under a program formerly known as “Can’t Beat
    GSA Leasing,” now referred to as “Provider of Choice”) to the heads of all
    Federal agencies to accomplish all functions relating to leasing of general
    purpose space for terms of up to 20 years and below prospectus level
    requirements, regardless of geographic location. General purpose space is
    defined as office and related space, as well as warehouse space.

Authority in the Context of Law Research

The Thurgood Marshall School of Law Library defined briefly Authority as: That which can bind or influence the decision of a court. Material with which a court must comply is binding authority. Case law, legislation, constitutions, administrative regulations, and writings about the law are all legal authority. See Primary Authority, Mandatory Authority, Persuasive Authority and Secondary Authority.Legal research resources, including Authority, help to identify the law that governs an activity and to find materials that explain that law.

Locus of Authority in the International Business Landscape

Definition of Locus of Authority in the context of U.S. international business and public trade policy: Where the power to make various decisions resides within the organization.

Ostensible Authority in the context of Real Estate

Resurces

Notes

  1. This definition of Authority is based on The Cyclopedic Law Dictionary.

See Also

  • Apparent Authority

Concept of Authority in Political Science

The following is a very basic definition of Authority in relation to the election system and the U.S Congress: The power or right to command or make final decisions

Authority to Act (Agency Relationships)

This section introduces, discusses and describes the basics of authority to act. Then, cross references and a brief overview about Agency Relationships is provided. Finally, the subject of Business, Corporate Law in relation with authority to act is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Authority (Civil Rights Commissions)

This section introduces, discusses and describes the basics of authority. Then, cross references and a brief overview about Civil Rights Commissions is provided. Finally, the subject of Practice in relation with authority is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Authority (Civil Rights Commissions)

This section introduces, discusses and describes the basics of authority. Then, cross references and a brief overview about Civil Rights Commissions is provided. Finally, the subject of Procedure in relation with authority is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Authority (U.S. Federal Communications Commission)

This section introduces, discusses and describes the basics of authority. Then, cross references and a brief overview about U.S. Federal Communications Commission is provided. Finally, the subject of Communications Law in relation with authority is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Authority

In Legislation

Authority in the U.S. Code: Title 49, Subtitle II, Chapter 11, Subchapter III

The current, permanent, in-force federal laws regulating authority are compiled in the United States Code under Title 49, Subtitle II, Chapter 11, Subchapter III. It constitutes “prima facie” evidence of statutes relating to Transportation (including authority) of the United States. The reader can further narrow his/her legal research of the general topic (in this case, Agencies of the US Code, including authority) by chapter and subchapter.

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