Power

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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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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.

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in classic literature ?
You have known the powerlessness of ideas before the might of impulse; and my visions, when once they had passed into memory, were mere ideas--pale shadows that beckoned in vain, while my hand was grasped by the living and the loved.
People power is people powerlessness in Mindanao [under] martial law,' Gutoc said in a statement released on Monday, the 33rd anniversary of the People Power movement.
In his message on the retirement of Chief Justice Saqib Nisar, he said the outgoing Chief Justice eliminated the sense of powerlessness from people and increased the trust of public on judiciary through his actions.
DESPITE approaching Christmas I have a sinking feeling, which could emanates from a sense of powerlessness. Where do I start?
A qualitative study published in 2012, Patients' engagement in primary care: powerlessness and compounding jeopardy, explored what poor older adults with LTCs said they wanted from clinicians (1) Those in the study had been purposefully selected on the basis of ethnicity, gender, age (50 or older), two or more LTCs, and had been admitted to hospital at least twice in a year for five or more bed days.
Samir Kassir once coined the term "Arab malaise" to describe "the very widespread and deeply seated feeling that Arabs have no future, no way of improving their condition." In the Middle East and North Africa, Kassir argued, there was a prevailing feeling of powerlessness: the powerlessness of being a lowly pawn on the geopolitical chessboard, the powerlessness of underdevelopment, the powerlessness of living under authoritarian politics.
In society and in the Church, let us strive to hear the voices of those condemned to silence by their powerlessness and to speak for them.
If you're intrigued, however, then you'll discover a gentle but prying examination of what it means to be alive, or in fact to die, as even wildlife takes a role in challenging the supposed powerlessness of your position.
In this study, the objective was to analyze the concept, defining characteristics, related factors of the powerlessness (Nursing Diagnosis 00125) in individuals who survived to stroke.
But other guiding principles, such as emphasis on powerlessness, run counter to the way veterans think, he said.
Power, Powerlessness and Globalization: Contemporary Politics in the Global South.
Powerlessness is the overwhelming emotion experienced by both polarized sides of the gun management debate.