COURSE

9 definitions found across Law Mind sources

COURSEAuthored
The Law Mind • 1246 words
Definition
COURSE carries three distinct legal meanings, each appearing in a different doctrinal context. 1. Surveying and land description. The direction of a boundary line, measured with reference to a meridian. In a metes-and-bounds description, a parcel's boundaries are stated as a series of courses (directions) and distances. A course fixes the angular bearing of a line; a distance fixes its length. Together, courses and distances allow a parcel to be located on the ground even without physical monuments. 2. Commercial law — course of dealing, course of performance, course of business. A pattern of prior conduct between parties (course of dealing), a pattern of conduct during performance of a current contract (course of performance), or the ordinary practices of a particular trade or market (usage of trade / course of trade). Under the Uniform Commercial Code, these patterns of conduct are used to interpret ambiguous contract terms and to supplement or qualify express language in an agreement. 3. General procedural usage. The ordinary progression or sequence of a legal proceeding. Phrases such as "due course of law" and "course of an action" describe the regular, expected operation of legal process from initiation through judgment. ---
Common Language
Modern common usage (Wiktionary): To run or flow; to traverse; to pursue game. As a noun, a path, route, or sequence of events. Historical common usage (Webster's 1913): The act of moving from one point to another; progress; passage; the ground or path traversed; the general direction of motion toward a goal. The everyday meaning of course — a path or sequence — survives in legal usage but does not exhaust it. The surveying sense is technical and precise: a course is not merely a direction in the colloquial sense but a bearing measured against a defined meridian. The commercial law senses carry further doctrinal weight: "course of dealing" and "course of performance" are terms of art with specific hierarchies of interpretive priority that bear no resemblance to ordinary speech. ---
Common Confusion
Course of dealing and course of performance are routinely conflated. They are distinct concepts with different evidentiary weight. Course of dealing looks backward to prior transactions between the same parties before the current contract. Course of performance looks at how the parties have actually performed the contract now at issue. Under the UCC, course of performance controls course of dealing, and course of dealing controls usage of trade when conflicts arise. Researchers working in contract interpretation must keep these three layers — course of performance, course of dealing, usage of trade — clearly separated. ---
Recognized Forms
/SUBTYPES Course of dealing: A sequence of prior conduct between the parties to a transaction that establishes a common basis of understanding for interpreting their expressions and conduct. Course of performance: Conduct in performing a contract that, if accepted without objection, shows how the parties understood the agreement's terms. Course of trade / ordinary course of business: The normal practices and customs of a particular commercial field. In secured transactions, "buyer in the ordinary course of business" is a defined status with specific legal consequences for taking free of a prior security interest. Due course: In the progression of a legal proceeding, regular and lawful administration. In negotiable instruments law, "holder in due course" carries a distinct and highly technical meaning unrelated to procedure. Courses and distances: The paired surveying elements — bearing and length — that define boundary lines in metes-and-bounds descriptions. ---
Why It Matters in Research
The surveying sense dominates historical sources. Bouvier and Black treat course almost exclusively as a land-description term, because 19th-century legal practice was heavily occupied with boundary disputes. Researchers using historical dictionaries to understand modern commercial law uses of course will find little guidance and may be misled into thinking the term is only a surveying concept. For commercial law research, the action is almost entirely post-UCC. Pre-Code sources will not reflect the structured interpretive hierarchy of course of performance, course of dealing, and usage of trade. The UCC's treatment of these concepts (Articles 1 and 2) standardized terminology that had previously been handled inconsistently across states and common law decisions. In land law research, the hierarchy of controlling elements matters. Actual marked boundaries on the ground override stated courses; monuments override courses and distances. Bouvier states this directly: when lines are actually marked, they control even if they vary from the course in the deed. Researchers working with colonial-era or early 19th-century conveyances should expect courses stated in deeds to be overridden by physical monuments when the two conflict. Anderson's cross-reference to HEARSAY at the course entry is unexplained in the surviving text and likely refers to a now-obscure usage or typographical artifact. Treat it with caution. The phrase "due course of law" appears in older constitutional and procedural sources as a near-synonym for due process. Researchers encountering this phrase in 19th-century materials should understand it as referring to the regular administration of justice through established legal forms, not as a distinct constitutional doctrine separate from due process. ---
Historical Dictionary Support
Bouvier and Black agree closely on the surveying definition: course is the direction of a boundary line referenced to a meridian. Bouvier elaborates the controlling principle — physical monuments on the ground prevail over paper courses when they conflict — which is essential doctrine for understanding how land descriptions actually operated. Anderson expands the entry to acknowledge the procedural sense (routine, practice, procedure) and distinguishes course of an action (progressive action in a suit not yet determined) from due course of law (law in its regular administration). This is the most comprehensive of the historical entries for non-surveying purposes. What the historical dictionaries miss almost entirely is the commercial law sense. The course of dealing / course of performance framework that now dominates contract interpretation practice did not exist in its current codified form when these dictionaries were compiled. Researchers should treat the historical entries as comprehensive for land law and procedural usage only. ---
Jurisdictional Note
In land law, the rule that monuments control over courses and distances is widely followed but the hierarchy of controlling elements (natural monuments, artificial monuments, courses, distances, area) varies in its precise application by state. In commercial law, most states have adopted UCC Article 1's definitions of course of dealing, course of performance, and usage of trade, but non-uniform amendments exist and courts vary in how they handle conflicts between these interpretive layers. ---
Encyclopedia Cross-Reference
Interpretation — Course of Dealing, Course of Performance, and Usage of Trade (The Law Mind Contracts & Commercial Law Encyclopedia) Performance — Waiver of Conditions and Course of Performance (The Law Mind Contracts & Commercial Law Encyclopedia) Secured Transactions — Buyers in the Ordinary Course of Business (The Law Mind Contracts & Commercial Law Encyclopedia) ---
Related Terms
Courses and distances | Metes and bounds | Monument (land law) | Meridian | Boundary | Course of dealing | Course of performance | Usage of trade | Holder in due course | Due process | Due course of law | Ordinary course of business | Buyer in the ordinary course | Cursus | Waiver (contracts)
COURSEmain
Black's Law Dictionary • 1891
A term used in surveying, many of the states to designate the ordinary meaning the direction of a line with refer- courts of record having jurisdiction for trials at nisi prius. Their powers gener- ally comprise ordinary civil jurisdiction, also ence to a meridian.
COURSEmain
Bouvier's Law Dictionary • 1928
The direction of a line with reference to a meridian. Where there are no monuments, the land is usually described by courses and dis- tances and those mentioned in the patent or deed will fix the boundaries. But when the lines are actually marked, they must be adhered to though they vary from the course mentioned in the deeds. See BOUN-
COURSEmain
Anderson's Dictionary of Law • 1890
1. The direction of a line with reference to a meridian. See BOUNDARY; HEARSAY, 3; MONUMENT, 1. 2. Routine; practice; procedure. Compare CURSUS. Course of an action. Progressive action in a suit or proceeding not yet determined.2 Due course or process of law. Law in its regular administration. See further The original note may be secured by a mortgage. PROCESS, 1. A form in Iowa reads thus: S On the 1889. day of, 188, I promise to pay to or order, dollars. Being semi-annual interest to that date on my note for dollars, due 188-. Payable at -. No. Coupon stamp. The Government furnishes collectors of its revenue books of stamps having coupons attached, to be used when taxes are paid on spirits. There are nine coupons to each stamp representing a decimal, all printed between the stamp and the stub. Upon the receipt of a distiller's tax, for example, the officer detaches a stamp with such number of coupons attached as corresponds to the number of proof-gallons in the cask, as shown by the gauger's return. Unused coupons remain with the stub; if detached, they are of no value. Coupon ticket. Sets or books of tickets issued by carriers of passengers, providing that for each trip had, according to the terms of the contract, a ticket shall be detached or 1 Ketchum v. Duncan, 96 U. S. 662 (1877). 2 Cromwell v. County of Sac, 96 U. S. 57 (1877), Field, J.; Murray v. Lardner, 2 Wall. 110-121 (1864), cases. Koshkonong v. Burton, 104 U. S. 668, 675 (1881). See Virginia Coupon Cases, 114 id. 269-340 (1885); generally, 1 Wall. 83, 175, 384; 3 id. 327; 10 id. 68; 11 id. 139; 14 id. 232; 15 id. 355; 19 id. 83; 21 id. 354; 92 U. S. 502, 569; 93 id. 502; 94 id. 351, 463, 741, 801; 96 id. 659; 97 id. 96, 272; 99 id. 112, 362, 434, 499, 686; 101 id. 87, 677; 104 id. 505; 105 id. 370, 733; 106 id. 663; 107 id. 529, 539, 568, 711, 769; 15 Blatch. 343-46; 16 id. 54; 17 id. 4; 18 id. 383; 26 Conn. 121: 53 Ind. 191; 109 Mass. 88; 112 id. 53; 49 Me. 507; 2 Nev. 199; 57 Ν. Η. 397; 82 N. C. 382; 66 N. Y. 14; 44 Pa. 63; 22 Gratt. 833; 1 Daniel, Neg. Inst. Ch. XLVII. R. S. § 3313. "Due course" and "due process " of law mean the same thing. Of course. Said of a thing done in the common manner of proceeding, and which does not require special allowance of a judge of the court. Many rules and citations are taken or had, as "of course," by application to the clerk or prothonotary of the court. 3. The usual way or mode; usage; custom. Course of business, or of trade. The way ordinarily pursued in a particular calling. See BUSINESS; TRADE. "Due course of trade," with respect to the negotiation of a note, is where the holder has given for it money, goods, or credit at the time of receiving it, or has on account of it sustained some loss or incurred some liability. Course of a voyage. The customary track between ports. See DEVIATION. Restrictive indorsement. Restrains negotiability to a particular person, or for a special purpose.2 "Unqualified" and "unrestricted" designate that form of indorsement which is most common - the wholly unmodified form. And this, the ordinary contract, imports: as to a bill, that the indorser will pay it at maturity, if, on presentment for acceptance, it is not accepted, and he is duly notified of the dishonor; and as to a bill or note, that the indorser will pay it if it is not duly paid by the acceptor or maker, and he is duly notified; that it is genuine; that the signatures of the immediate parties, and, in the better opinion, of prior indorsers, are genuine; that it is a valid and subsisting obligation according to the ostensible relations of the parties; that the original parties, and, in the better opinion, prior indorsers, could bind themselves as they have assumed to do; and that the indorser has a lawful title and the right to transfer it.3 An indorser's contract is a new one, as compared with the maker's. He is not a surety, as is sometimes said, for a surety is a joint promisor with the principal. The maker is liable without demand of paymenthis undertaking being conditional; but the indorser undertakes to pay only if the maker does not pay, which makes it necessary for the holder to take proper steps to obtain payment from the maker, from which it follows that his contract is that due diligence shall be used to that end.5 An indorser is only conditionally liable. His responsibility is a contingent one, and, ordinarily, performance of the condition to make demand of the maker and give notice of his default in due time is an essential part of the title of one who asserts an indorser's liability. The reason is, that the indorser, if looked to for payment, may have the earliest orportunity to take steps for his own protection. There is much inconsistency in the decisions whether demand and notice is recessary when they by no possibility could have enabled him to protect himself. The best considered cases hold that he is entitled to notice although he has taken indemnity from the makersince that may prove insufficient. In general, every indorser ought to have notice whenever he has a remedy over against the maker. Where, by agreement with the maker, the indorser has become the principal debtor, no notice is needed - for the indorser then has no remedy over. 1 Martin v. Cole, 104 U. S. 30, 36-39 (1881), cases. See generally, as to parol explanations of indorsements, 18 Cent. Law J. 382-86 (1884), cases. 2 See Armour Banking Co. v. Riley County Bank, 30 Kan. 165 (1883); 11 R. I. 119. Suffixes as descriptio personæ, Falk v. Moebs, 127 U. S. 597, 602-7 (1888), cases. See 1 Daniel, Neg. Inst. 498. 4 Ross v. Jones, 22 Wall. 88 (1874), cases. * Cox v. Nat. Bank of New York, 100 U. S. 713 (1879), cases. Ray v. Smith, 17 Wall. 415 (1873), Strong, J. Griffin v. Kelleher, 132 Mass. 83 (1882), cases; 1 Story, Eq. § 496. * Blaiden v. Mercer, 44 Ohio St. 343-46 (1886), cases. • Macklin v. North. Bank Kentucky, 83 Ky. 319 (1885). Pacific Nat. Bank v. Mixter, 124 U. S. 729 (1888). Wife as surety for husband, see 20 Cent. Law J. 205 (1885), cases. Sureties on official bonds, 23 id. 124 (1886), cases. Bond signed conditionally, 37 Alb. Law J. 188-93, 208-12 (1888), cases. Judgment against principal as evidence against surety, 36 id. 404-8 (1887), cases. Recovering penalty and interest, 37 id. 108-11 (1888), cases. Limitation of actions for deficits, on U. S. officers' bonds, Act 8 Aug. 1888: 25 St. L. 387. • Burkhardt v. Hanley, 23 Ohio St. 559 (1873). •Snell v. Cottingham, 72 III. 167 (1874).
COURSEn.
Websters Unabridged Dictionary (1913) • 1913
The act of moving from one point to another; progress; passage. And when we had finished our course from Tyre, we came to Ptolemais. Acts xxi. 7. THe ground or path traversed; track; way. The same horse also run the round course at Newmarket. Pennant. Motion, considered as to its general or resultant direction or to its goal; line progress or advance. A light by which the Argive squadron steers Their silent course to Ilium's well known shore. Dennham. Westward the course of empire takes its way. Berkeley. Progress from point to point without change of direction; any part of a progress from one place to another, which is in a straight line, or on one direction; as, a ship in a long voyage makes many courses; a course measured by a surveyor between two stations; also, a progress without interruption or rest; a heat; as, one course of a race. Motion considered with reference to manner; or derly progress; procedure in a certain line of thought or action; as, the course of an argument. The course of true love never did run smooth. Shak. Customary or established sequence of evants; re currence of events according to natural laws. By course of nature and of law. Davies. Day and night, Seedtime and harvest, heat and hoary frost, Shall hold their course. Milton. Method of procedure; manner or way of conducting; conduct; behavior. My lord of York commends the plot and the general course of the action. Shak. By perseverance in the course prescribed. Wodsworth. You hold your course without remorse. Tennyson. A series of motions or acts arranged in order; a succession of acts or practices connectedly followed; as, a course of medicine; a course of lectures on chemistry. The succession of one to another in office or duty; order; turn. He appointed . . . the courses of the priests 2 Chron. viii. 14. That part of a meal served at one time, with its accompaniments. He [Goldsmith] wore fine clothes, gave dinners of several courses, paid court to venal beauties. Macualay. A continuous level range of brick or stones of the same height throughout the face or faces of a building. Gwilt. The lowest sail on any mast of a square-rigged vessel; as, the fore course, main course, etc. The menses. In course, in regular succession. -- Of course, by consequence; as a matter of course; in regular or natural order. -- In the course of, at same time or times during. "In the course of human events." T. Jefferson.
COURSEv.
Websters Unabridged Dictionary (1913) • 1913
To run, hunt, or chase after; to follow hard upon; to pursue. We coursed him at the heels. Shak. To cause to chase after or pursue game; as, to course greyhounds after deer. To run through or over. The bounding steed courses the dusty plain. Pope.
COURSEv.
Websters Unabridged Dictionary (1913) • 1913
To run as in a race, or in hunting; to pursue the sport of coursing; as, the sportsmen coursed over the flats of Lancashire. To move with speed; to race; as, the blood courses through the veins. Shak.
courseverb
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
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To run or flow (especially of liquids and more particularly blood). | To run through or over. | To pursue by tracking or estimating the course taken by one's prey; to follow or chase after. | To cause to chase after or pursue game.
coursenoun
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
A sequence of events. | A sequence of events. | A normal or customary sequence. | A sequence of events. | A programme, a chosen manner of proceeding. | A sequence of events. | Any ordered process or sequence of steps. | A sequence of events. | A learning programme | A sequence of events. | A learning programme | a series of lectures or lessons in a particular subject | A sequence of events. | A learning programme | an educational programme at a college or university leading to an academic degree or vocational qualification. | A sequence of events. | A treatment plan. | A sequence of events. | A stage of a meal. | A sequence of events. | The succession of one to another in office or duty; order; turn. | A path that something or someone moves along. | A path that something or someone moves along. | The itinerary of a race. | A path that something or someone moves along. | A racecourse. | A path that something or someone moves along. | The path taken by a flow of water; a watercourse. | A path that something or someone moves along. | The trajectory of a ball, frisbee etc. | A path that something or someone moves along. | A golf course. | A path that something or someone moves along. | The direction of movement of a vessel at any given moment. | A path that something or someone moves along. | The intended passage of voyage, such as a boat, ship, airplane, spaceship, etc. | A path that something or someone moves along. | The drive usually frequented by Europeans at an Indian station. | The lowest square sail in a fully rigged mast, often named according to the mast. | Menses. | A row or file of objects. | A row of bricks or blocks. | A row or file of objects. | A row of material that forms the roofing, waterproofing or flashing system. | A row or file of objects. | In weft knitting, a single row of loops connecting the loops of the preceding and following rows. | One or more strings on some musical instruments (such as the guitar, lute or vihuela): if multiple, then closely spaced, tuned in unison or octaves and intended to be played together.

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