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Ultra Vires

Without authority. An act which is beyond the powers or authority of the person or organization which took it.

Latin for without authority.

A decision which is beyond the powers or authority of the person or organization which took it.

When a decision is thought to be ultra vires, the typical remedy is to get a higher level judicial body, such as a Court, to assess and rule on it.

If the decision has alreday been made, the remedy is certiorari. If the decision is anticipated, the remedy is prohibition.

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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