Legal Definitions - incident power

Incident power refers to an authority or ability that is not explicitly stated but is understood to be necessary or naturally connected to a primary, expressly granted power. It is a subsidiary power that exists to enable the effective exercise of the main power. Without these incident powers, the principal power would be difficult or impossible to carry out.

• Example 1: Government Agency Regulation

  Imagine a state environmental agency that is granted the primary power by law to regulate industrial waste disposal within its borders. To effectively carry out this primary responsibility, the agency inherently possesses the incident power to conduct unannounced inspections of factories, demand access to company records related to waste, and issue administrative penalties for non-compliance. These specific actions might not be exhaustively detailed in the initial statute but are understood as essential for the agency to monitor, enforce, and achieve its core regulatory mandate.

  This example illustrates incident power because the ability to inspect, demand records, and penalize is not the main power itself, but it is a necessary and natural extension of the primary power to regulate waste disposal. Without these subsidiary powers, the agency's primary function would be largely ineffective.

• Example 2: Judicial Authority in Court

  A judge presiding over a civil lawsuit has the primary power to hear arguments, admit evidence, and render a judgment based on the law. As an incident power to this primary authority, the judge can order a disruptive spectator removed from the courtroom, compel a reluctant witness to testify under oath, or issue sanctions against an attorney who files frivolous motions. These actions are not the core function of judging the case but are essential for maintaining the decorum, fairness, and efficiency required to conduct a trial properly.

  Here, the power to maintain order, compel testimony, and sanction is incident to the primary power of adjudicating a case. These are necessary tools that allow the judge to ensure the trial proceeds in an orderly and just manner, enabling the primary power to be exercised effectively.

• Example 3: Corporate Board Decisions

  A corporation's board of directors is granted the primary power to oversee the company's strategic direction and manage its overall business affairs. As an incident power to this primary responsibility, the board has the authority to approve the company's annual budget, authorize the sale of a major company asset, or decide to open a new branch office in another country. While the company's bylaws might not list every single decision the board can make, these actions are understood as naturally flowing from and necessary for the board to fulfill its overarching management and oversight duties.

  This demonstrates incident power because approving budgets, selling assets, or expanding operations are not the primary power of "management" itself, but they are essential actions that the board must be able to take to effectively manage and direct the company's business affairs.