!-- Google Tag Manager (noscript) -->

Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

examining authority

Read a random definition: carnal knowledge

A quick definition of examining authority:

Examining authority refers to the power given to someone to act on behalf of another person or organization. This can be either actual authority, which is intentionally given by the principal, or apparent authority, which is believed by a third party based on their dealings with the principal. Other types of authority include express authority, implied authority, and incidental authority. Authority can also refer to the power of a government agency or corporation, or to a legal writing that is considered definitive or decisive, such as a judicial decision or statute.

A more thorough explanation:

Examining authority refers to the power or permission given to someone to act legally on behalf of another person or entity. This can include the power delegated by a principal to an agent to affect legal relations. There are different types of authority, including:

  • Actual authority: Authority intentionally given by the principal to the agent or authority that the agent reasonably believes they have as a result of their dealings with the principal.
  • Apparent authority: Authority that a third party reasonably believes an agent has, based on their dealings with the principal, even though the principal did not confer or intend to confer the authority.
  • Implied authority: Authority intentionally given by the principal to the agent as a result of the principal's conduct, such as the principal's earlier acquiescence to the agent's actions.

For example, if a person hires a real estate agent to sell their house, the agent has actual authority to sign a contract with a buyer on behalf of the seller. If a third party, such as a potential buyer, reasonably believes that the agent has the authority to sell the house, even if the seller did not explicitly give them that authority, the agent has apparent authority. If the seller has previously allowed the agent to make decisions about the sale of the house, the agent may have implied authority to make decisions about the sale.

Examining authority can also refer to a self-regulatory organization registered with the Securities and Exchange Commission that oversees the activities of a registered broker or dealer.

Finally, authority can also refer to a legal writing, such as a judicial or administrative decision, that is taken as definitive or decisive. This can include primary authority, such as legislation and reports of litigated cases, or secondary authority, such as treatises or law-review articles.

examiner's answer | examining board

Warning

Info

General

General chat about the legal profession.
main_chatroom
๐Ÿ‘ Chat vibe: 0 ๐Ÿ‘Ž
Help us make LSD better!
Tell us what's important to you
LSD+ is ad-free, with DMs, discounts, case briefs & more.