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Power

The right, ability, or authority to perform an act. An ability to generate a change in a particular legal relationship by doing or not doing a certain act.

In a restricted sense, a liberty or authority that is reserved by, or limited to, a person to dispose of real or Personal Property, for his or her own benefit or for the benefit of others, or that enables one person to dispose of an interest that is vested in another.

power

n. the right, authority and ability to take some action or accomplish something, including demanding action, executing documents, contracting, taking title, transferring, exercising legal rights, and many other acts.

power

noun auspices, authority, command, control, controlment, dominance, domination, eminence, facility, force, hold, importance, jurisdiction, mastership, mastery, potency, potestas, predominance, prepollence, prepollency, pressure, primacy, puissance, reign, rule, supremacy, sway, vis, warrant, weight
Associated concepts: apparent power, appointing power, arritrary power, capacity, concurrent power, contingent power, continuing power, delegated power, discretionary power, equitable power, exercise of power, extinguishment of power, extraordinary power, general power, implicit power, implied power, inchoate power, incidental power, inherent power, legislative power, limited power, mandaaory power, necessary power, nonexclusive power of appointment, power coupled with an interest, power of alienntion, power of appointment, power of attorney, power of disposition, power of sale, power of termination, release of power, retention of power, revocation of power, special power, taxing power, testamentary power
Foreign phrases: Nemo potest facere per obliquum quod non potest facere per directum.No man can do indirectly that which he cannot do directly. Sequi debet potentia justitiam, non praecedere. Power ought to follow justice, not precede it. Potentia non est nisi ad bonum. Power is not conferred but for the good. Fortior et potentior est dissositio legis quam hominis. The disposition of the law has greater force and stronger effect than that of man. Frustra est potentia quae nunquam venit in actum. A power is a vain one if it is never exercised. Potestas stricte interpretatur . Power should be strictly interpreted. Delegatus non potest delegare. A representative cannot delegate his authority.
See also: ability, administration, advantage, aptitude, authority, capacity, catalyst, clout, control, credit, dint, dominance, dominion, droit, faculty, force, government, hegemony, importance, influence, jurisdiction, license, main force, management, occupation, option, patronage, possession, potential, predominance, prerogative, pressure, prestige, primacy, puissance, quality, range, realm, recognition, regime, right, sinew, strength, supervision, supremacy, title, validity, warrant, weight

POWER. This is either inherent or derivative. The former is the right, ability, or faculty of doing something, without receiving that right, ability, or faculty from another. The people have the power to establish a form of government, or to change one already established. A father has the legal power to chastise his son; a master, his apprentice.
     2. Derivative power, which is usually known, by the technical name of power, is an authority by which one person enables another to do an act for him. Powers of this kind were well known to the common law, and were divided into two sorts: naked powers or bare authorities, and powers coupled with an interest. There is a material difference between them. In the case of the former, if it be exceeded in the act done, it is entirely void; in the latter it is good for so much as is within the power, and void for the rest only.
     3. Powers derived from, the doctrine of uses may be defined to be an authority, enabling a person, through the medium of the statute of uses, to dispose of an interest, vested either in himself or another person.
     4. The New York Revised Statute's define a power to be an authority to do some act in relation to lands, or the creation of estates therein, or of charges thereon, which the owner granting or reserving such power might himself lawfully perform.
     5. They are powers of revocation and appointment which are frequently inserted in conveyances which owe their effect to the statute of uses; when executed, the uses originally declared cease, and new uses immediately arise to the persons named in the appointment, to which uses the statute transfers the legal estate and possession.
     6. Powers being found to be much more convenient than conditions, were generally introduced into family settlements. Although several of these powers are not usually called powers of revocation, such as powers of jointuring, leasing, and charging settled estates with the payment of money, yet all these are powers of revocation, for they operate as revocations, pro tanto, of the preceding estates. Powers of revocation and appointment may be reserved either to the original owners of the land or to strangers: hence the general division of powers into those which relate to the land, and those which are collateral to it.
     7. Powers relating to the land are those given to some person having an interest in the land over which they are to be exercised. These again are subdivided into powers appendant and in gross.
     8. A power appendant is where a person has an estate in land, with a power of revocation and appointment, the execution of which falls within the compass of his estate; as, where a tenant for life has a power of making leases in possession.
     9. A power in gross is where a person has an estate in the land, with a power of appointment, the execution of which falls out of the compass of his estate, but, notwithstanding, is annexed in privity to it, and takes effect in the appointee, out of an interest vested in the appointer; for instance, where a tenant for life has a power of creating an estate, to commence after the determination of his own, such as to settle a jointure on his wife, or to create a term of years to commence after his death, these are called powers in gross, because the estate of the person to whom they are given, will not be affected by the execution of them.
    10. Powers collateral, are those which are given to mere strangers, who have no interest in the laud: powers of sale and exchange given to trustees in a marriage settlement are of this kind. Vide, generally, Powell on Powers, assim; Sugden on Powers, passim; Cruise, Dig. tit. 32, ch. 13; Vin. Ab. h.t.; C om. Dig. Poiar; 1 Supp. to Ves. jr. 40, 92, 201, 307; 2 Id. 166, 200; 1 Vern. by Raithby, 406; 3 Stark. Ev. 1199; 4 Kent, Com. 309; 2 Lilly's Ab. 339; Whart. Dig. h.t. See 1 Story, Eq. Jur. Sec. 169, as to the execution of a power, and when equity will supply the defect of execution.
    11. This classification of powers is admitted to be important only with reference to the ability of the donee to suspend, extinguish or merge the power. The general rule is that a power shall not be exercised in derogation of a prior grant by the appointer. But this whole division of powers has been condemned' as too artificial and arbitrary.
    12. Powell divides powers into general and particular. powers. General powers are those to be exercised in favor of any person whom the appointer chooses. Particular powers are those which are to be exercised in favor of specific objects. 4 Kent, Com. 311, Vide, Bouv. Inst. Index, h.t.; Mediate powers; Primary powers.

References in classic literature ?
According to this view the power of historical personages, represented as the product of many forces, can no longer, it would seem, be regarded as a force that itself produces events.
A convention of delegates from the State Legislatures, independent of the Congress itself, was the expedient which presented itself for effecting the purpose, and an augmentation of the powers of Congress for the regulation of commerce, as the object for which this assembly was to be convened.
The settlers of all the former European colonies had contented themselves with the powers conferred upon them by their respective charters, without looking beyond the seal of the royal parchment for the measure of their rights and the rule of their duties.
The destinies of their empire, as they appear in prospect before us, disdain the powers of human calculation.
Mindful of the Fairy's warning he did not dare to address her, but she on her part greeted him in the most friendly manner, and asked him at once if he were under the power of the wicked Fairy.
Then the black girl told him that she too was in the power of the Fairy, who had doomed her to wander about in her present guise until some youth should take pity on her and bear her in safety to the other side of the river which they saw in the distance, and on the other side of which the Fairy's domain and power ended.
When the old woman saw that the powers of her magic were of so little avail, she had recourse to cunning.
By the power of our ballots on election day will we take your government away from you--"
A properly drafted durable power of attorney allows an agent to carry out many of the principal's important planning objectives, by granting the agent powers, such as the power to file income and gift tax returns, make gifts, disclaim property and make critical IRA elections.
Steel plants shut down, leaving thousands of workers at home, and the production of such essentials as potato chips, pork rinds, and cottage cheese fell victim to the power shortage.
On March 13, 1989, Hydro Quebec, which supplies most of Quebec's electricity, could not stabilize the power surges its distribution grid was receiving, resulting in a nine-hour blackout for 6 million residents throughout the province.
A variety of topologies can be recommended based not on the application, but on the power range required (certain topologies are more effective at lower kVA ranges, and others are best for larger kVA needs).