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Simple English definitions for legal terms
incidental power
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A quick definition of incidental power:
Incidental power is a type of power that is necessary to achieve a specific goal, even though it may not be explicitly granted. It is like a tool that is needed to complete a task, even though it is not mentioned in the instructions. For example, if you need to build a house, you may need to use a hammer, even though the instructions only mention using nails and wood. Incidental power is important because it allows people to be flexible and creative in achieving their goals.A more thorough explanation:
Definition: Incidental power refers to a power that is necessary to achieve a specific purpose, even though it is not explicitly granted. It is a power that must exist to accomplish an express goal.
Example: A city council has the express power to regulate traffic on city streets. However, to effectively carry out this power, the council may need to hire additional staff or purchase equipment. Although the power to hire staff or purchase equipment is not explicitly granted, it is necessary to accomplish the express goal of regulating traffic.
This example illustrates how incidental power is necessary to achieve an express purpose. Without the power to hire staff or purchase equipment, the city council would not be able to effectively regulate traffic on city streets.