Authority

What authority means

In short, authority is a term you will meet in court papers, rules and legal research. The definition above gives its usual meaning in American civil practice. However, the exact meaning can depend on the rule, statute or court decision that uses it. So it helps to read the term in context.

Where authority comes up

The term is used across many kinds of cases. For example, you may see it in pleadings, motions and court orders. To see it in context, browse the motions and procedures library or the Learn the Law topics.

Read the source: Binding authority, Persuasive authority.

How to research the term

Start with the primary source. For example, if authority appears in a federal rule, read the rule itself and its official notes. After that, check your court’s local rules and any standing orders from the judge. In addition, search recent decisions from your own state or federal district. They show how courts read authority in practice. Because state rules often differ, our state procedures guide links to each state’s official rules. Above all, make sure the version you read is still in force.

You can read the current federal court rules online for free.

Related legal terms

• Attorney-client privilege: a privilege that generally protects confidential communications between a lawyer and client made to obtain or give legal advice. Its scope is defined by the law that applies.
• Attorney-in-fact: an agent authorized to act for another person under a power of attorney. An attorney-in-fact does not need to be a lawyer and cannot practice law for the principal unless licensed; the agent owes the principal duties such as acting in good faith and within the scope of the authority granted.
• Audit: an independent examination of financial statements, records or procedures to determine whether they are accurate and follow applicable standards.
• Audit trail: a chronological record that allows a transaction to be traced from its source documents through each step of processing to final reports, showing who did what and when.

Why precise terms matter

Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.