the permission or power delegated to another. This may be express or implied. See de facto [DE FACTO AUTHORITY]. If express, it is usually embraced in a document called a power of attorney. IMPLIED AUTHORITY stems from a relationship such as that of principal and agent. if the agent does not have EXPRESS AUTHORITY by some writing, he or she nonetheless will have apparent authority. If the authority is given to the agent for a consideration, it is said to be an AUTHORITY COUPLED WITH AN INTEREST. Where not to infer an authority would result in an injustice, the law will imply an authority so as not to mislead another. In this circumstance the law speaks of an AUTHORITY BY ESTOPPEL. Where the principal intended the agent to have the right to act on the principal's behalf, the authority is called an ACTUAL AUTHORITY.
The term may also refer to the jurisdiction of a court such as "within the court's authority." It is also used to denote judicial or legislative precedent.
Subject matter jurisdiction cannot be created by waiver, acquiescence or agreement of the parties, or by error or inadvertence of the parties or their counsel, or by the exercise of power by the court; it is a power that arises solely by virtue of law.
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