(n. 1) previous decisions of courts of appeal that provide a tribunal with legal advice on issues in an ongoing dispute referred to as “precedents”. Legal pleadings (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 will call the authorities” (i.e. the police). (See: Previous, quote, short film) Government agencies created and delegated with official responsibilities, such as a district road authority. In legal research and citation, entities are cited as sources of law such as laws, court decisions, and legal manuals. The parties support their positions in a trial by citing the authorities in pleadings, motions and other documents submitted to the court. Primary authorities are quotations of laws, court decisions and government orders which, if they have the force of law, must be applied by the court to resolve the disputed issue if they are relevant to the matter. Secondary authorities are references to treaties, manuals or reformulations that explain and examine the general principles of law underlying a party`s position in a dispute.
These authorities have no legal effect and can be ignored by the court. AUTHORITIES, practice. This word refers to quotations made from laws, actions of the legislator and decided cases and opinions of elementary writers. In its narrower sense, this word refers to cases decided on the basis of solemn arguments that are said to be “authorities for similar judgments iii as cases. 1 Lilly Regulation 219. The latter are sometimes called precedents. (n.a.) Merlin, Repertoire, word Authorities. 2. It has been noted that if we find an opinion in an author of a text on a certain point, 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; However, this is not always the case, and often the opinion is advanced with the reasons that support it, and it must be maintained or fall, because these are founded or not. A distinction was made between writers who did so and those who did not enter a legal position; The former are considered an authority, and the latter are not considered unless their works have been judicially approved as such. Ram. zu Urteilen, 93. But this distinction does not seem to be well justified; Some writers who have held a judicial position do not possess the talents or learning of others who are not so sublime, and the works or writings of the latter deserve much more the character of an authority than those of the former. See 3 T. R. 4, 241. In the context of the agency, authority can be real or implicit/obvious/constructive. The power of attorney itself is expressly or expressly delegated by a client to an authorized representative.
Implied powers, on the other hand, are not expressly delegated; instead, it is laboriously concluded that the client is destined to transfer this authority to the agent. The Commercial Agents Regulations require officers to act “conscientiously and in good faith” in the performance of their duties (Regulations. 3); At the same time, clients are required to act “conscientiously and in good faith” in their “dealings” with their commercial agents (Policy 4). While there is no legal definition of this duty to act “conscientiously and in good faith,” it has been suggested that it requires clients and agents to act “with honesty, openness and consideration for the interests of the other party to the transaction.”  Implied real authority, also known as “habitual authority,” is the authority that an officer has because it is reasonably necessary to exercise his or her explicit authority. As such, it can be derived on the basis of a position held by an agent. For example, partners have the power to bind the other partners in the firm, their liability being jointly and severally liable, and in a corporation, all officers and officers with decision-making power have the power to bind the firm based on their position. In Watteau v. Fenwick, Justice Lord Coleridge agreed with The opinion of Justice Wills on Queen`s Bench that a third party could hold personally liable a principal he knew when selling cigars to an agent acting outside his jurisdiction.
Judge Wills noted that “the principal is responsible for all acts of the agent that fall within the authority normally entrusted to a representative of that nature, regardless of the restrictions imposed between the principal and the representative of that power of attorney.” This decision is strongly criticized and questioned, although it is not completely annulled in the United Kingdom. It is sometimes called “habitual authority” (but not in the sense used by Lord Denning MR in Hely-Hutchinson, where it is synonymous with “implicit real authority”). It has been explained as a form of apparent authority or “inherent agency power.” Authority as an agency is the power to act on behalf of another person; Authority delegated by a principal to an agent. Authority is at the heart of agency law – if someone performs an act on behalf of another person without having the power to do so, the act is usually void. Actions that are carried out outside or outside the domain of one`s own authority are ultra vires (beyond powers). n. Permission to act, a right associated with the power to perform an act or order others to act. Often, a person gives another person the power to act as an employer for an employee, as a principal for an agent, as a company for its officers, or as a government authority to perform certain functions. There are different types of authority, including “apparent authority” when a principal gives an agent different signs of authority to make others believe that he has authority, “explicit authority” or “limited authority” that specify exactly what authority is granted (usually a written set of instructions), “implied authority” that results from the position, which one holds, and “General Authority”, which is the broad power to act for the other. (See: agency, agent, client, author, apparent authority, presumed authority) An express power of attorney means that an agent has been expressly notified (i.e., has been expressly notified) that he or she may act on behalf of a principal. Authority is the permission or official right to act, often on behalf of others. Authority can also be a person or institution that has power over another person.
The Agency in English Law is the component of UK commercial law that deals with the application of agency law in the UK and is a set of ground rules necessary for businesses to function properly. Real authority can be of two types. Either the client may have expressly granted a power of attorney to the attorney, or an implied power of attorney may be granted. Authority arises from consent, and its existence is a matter of fact. As a general rule, an executing agent is only entitled to compensation from the customer if he has acted within the scope of his actual authority and if he acts outside this authority, may be contrary to the contract and is liable to a third party for the breach of the implied warranty of authorization. A representative acting within the limits of the powers conferred by his client binds the procuring entity to the obligations that the contractor creates towards third parties. There are essentially two types of authority recognized in the law: real authority (explicit or implied) and apparent authority. The authorities are also cited by scholars in legal treatises, horn books, and reformulations to determine the basis of the statements and conclusions contained in the works. In 1986, the European Communities adopted Directive 86/653/EEC on self-employed commercial agents.
In the United Kingdom, this has been transposed into national law in the Commercial Agents Regulations 1993.  Apparent authority (also known as “alleged authority”) exists when the principal`s words or conduct would lead a reasonable person in the third party`s position to believe that the representative was authorized to act, even if the principal and alleged representative had never discussed such a relationship.