Intra vires refers to something within the legal power of an entity or jurisdiction, while ultra vires means something outside of it. It can indicate the legality of court or law enforcement actions, jurisdictional rights, and individual or company rights. The term comes from Latin and can be used in various legal contexts.
Intra vires is a legal term indicating that something falls within the legal power of a specific entity or jurisdiction. Contrast with the term ultra vires, which means something is outside the legal power of an entity or jurisdiction. These terms are sometimes used to indicate whether or not it is legal for the court or law enforcement agency involved in a case to proceed. They can, however, indicate whether an individual or company also has the right to take action.
When used in a law enforcement context, intra vires primarily indicates that the agency has jurisdiction over the crime or suspect. It also indicates that the agency is legally authorized to take the action it is taking. For example, if a law enforcement agency is authorized to question a suspect, that questioning is intra vires. If the agency cannot question the suspect, perhaps because he is a minor and the law requires a parent to be present for questioning, any questioning would be ultra vires.
In a jurisdictional context, the term also refers to the jurisdictional right of the court to hear the case and the court’s compliance with applicable laws. For example, local laws may give the court, in the person of the judge, the right to determine whether or not specific evidence is admissible. Intra vires can also refer to the right of a court to hear a criminal or civil case.
When used to describe the rights of individuals, intra vires refers to things that the individual is or is not allowed to do. For example, in most cases, an individual is not permitted to detain another individual against her will. In areas that allow a citizen’s arrest, however, an individual may detain a criminal who flees the scene of a crime.
The term can also be used in relation to businesses or organizations. For example, a company may have the right to track and read all electronic communications, including email, sent from an employee’s computer. This right could extend to company-owned laptops, even when the computer is not actually company-owned. Individual privacy rights would not apply because the computer is owned by the company rather than the employee.
Intra vires comes from the Latin. The term literally means “within the powers”. While it is often used in lawsuits, it can also be used in employment contracts or other types of employment documents.
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