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Legal Definitions - vires

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Definition of vires

Vires refers to the powers or authority that an individual, organization, or entity possesses. These powers can be inherent capabilities, or they can be specifically granted by law, a constitution, or an organizational charter, often with defined limitations.

  • Example 1: A university's board of trustees has specific vires outlined in its institutional charter. These might include the power to set tuition fees, approve academic programs, or appoint a new president. However, the board typically does not have the vires to unilaterally change federal student loan policies, as that authority rests with the government.

    Explanation: This example illustrates vires as the specific, limited powers granted to the board by the university's governing documents, and highlights actions that would fall outside those defined powers.

  • Example 2: A police officer's vires are established by state and federal laws, as well as departmental policies. They possess the authority to make arrests, conduct investigations, and enforce traffic laws within their jurisdiction. However, an officer does not have the vires to issue a divorce decree or to sentence a convicted criminal, as those powers belong to the judiciary.

    Explanation: Here, vires represents the legally defined and constrained powers granted to law enforcement, showing both what they are authorized to do and what falls outside their authority.

  • Example 3: An architect, by virtue of their professional license and expertise, has the vires to design buildings, oversee construction plans, and certify structural integrity. They possess the inherent and granted authority to make critical decisions regarding a building's safety and functionality. However, they do not have the vires to perform surgical operations or represent a client in court, as those are powers belonging to other licensed professionals.

    Explanation: This demonstrates vires as the combination of inherent professional capability and legally recognized authority that allows an architect to perform specific, complex tasks within their field, while also acknowledging the limits of that authority.

Simple Definition

Vires refers to powers or forces, encompassing both natural capabilities and specifically granted authorities. In a legal context, it often denotes the scope of powers an entity, such as a corporation or government body, is legally authorized to exercise. This term is fundamental to understanding concepts like "ultra vires" (acting beyond one's powers) and "intra vires" (acting within one's powers).