MICHAELMAS TERM

5 definitions found across Law Mind sources

MICHAELMAS TERMAuthored
The Law Mind • 1042 words
Definition
One of the four traditional terms of the English common law courts, during which courts sat to hear cases. Michaelmas Term historically ran from November 2 through November 25. It took its name from the Feast of St. Michael (Michaelmas), observed on September 29, which marked the beginning of the autumn quarter in the ecclesiastical and civil calendar. The four common law terms were Hilary Term (winter), Easter Term (spring), Trinity Term (summer), and Michaelmas Term (autumn). Together, these terms defined when English courts of common law were formally open for business. Business outside the terms was either deferred or conducted under special arrangements. Following the Judicature Act 1873, the division of the legal year into these discrete terms was abolished for purposes of the administration of justice in England and Wales. Courts thereafter sat on a continuous basis, and the old term system ceased to govern judicial business. The term "Michaelmas Term" survives today primarily in academic contexts — notably at the universities of Oxford, Cambridge, and Dublin, and several other institutions — where it designates the first term of the academic year, running roughly from October to December.
Common Language
Modern common usage (Wiktionary): In current usage, Michaelmas Term refers either to the first legal term of the year in courts of England, Wales, and Ireland (October to December), or — more commonly in everyday speech — the autumn academic term at Oxford, Cambridge, Dublin, and similar institutions. Historical common usage (Webster's 1913): Webster's 1913 does not carry a dedicated entry for "Michaelmas Term" as a discrete legal phrase, though "Michaelmas" is defined as the feast of St. Michael the Archangel, September 29, one of the English quarter days. The gap worth noting: the common modern association of "Michaelmas Term" is almost entirely academic — Oxford and Cambridge students use the phrase freely. Legal researchers encountering the term in older sources must recognize it as a precise procedural marker: a defined window of judicial business with fixed start and end dates, not a loose seasonal reference. The academic usage is derived from and modeled on the legal term, but the dates and significance are different.
Common Confusion
Two related confusions appear in historical sources. First, the dates: the ecclesiastical feast of Michaelmas falls on September 29, but Michaelmas Term as a court term began November 2 — a gap of over a month. Researchers should not assume the term began at or near the feast day itself. Second, after 1873, references to "Michaelmas Term" in English legal sources shift meaning almost entirely to academic contexts. A post-1873 legal document using the phrase may be a survival of old drafting conventions or may signal academic rather than judicial timing.
Why It Matters in Research
For Law Mind corpus researchers, Michaelmas Term appears almost exclusively in pre-1873 English legal materials — procedural records, pleading books, reports, and treatises organized by term. Understanding it is essential for interpreting dates and procedural sequences in those sources. Key research traps: Term dates were narrow. Michaelmas Term ran only from November 2 to November 25 — just over three weeks. Any procedural step described as occurring "in Michaelmas Term" is therefore tightly localized in time. This matters when reconstructing litigation timelines in historical materials. Term abolition creates a corpus break. Pre-1873 English legal sources are organized around the four-term system. Post-1873 sources are not. Researchers moving between periods must recognize that continuity of doctrine does not mean continuity of procedural framework. Carry-over into other jurisdictions. Some American jurisdictions in the colonial and early republic periods adopted or referenced English term structures, including Michaelmas Term. These references disappear from American sources earlier and less uniformly than in England. Academic survival obscures legal meaning. Because "Michaelmas Term" remains in active use at Oxford, Cambridge, and Dublin in an academic sense, secondary sources written after 1873 may use the phrase without any legal content. Researchers should verify context before treating a modern use of the term as legally operative. Bouvier's entry redirects to "Term" rather than defining Michaelmas Term independently — a useful signal that the substantive doctrine lives under the broader "Term" entry in that dictionary.
Historical Dictionary Support
The four historical dictionaries agree on the core definition without meaningful divergence: Michaelmas Term ran from November 2 to November 25, and it was one of four terms of the English common law courts. Black's and Burrill's both cite Stephen's Commentaries (3 Steph. Com. 562) as authority, reflecting the standard 19th-century treatise source for this structural point. Rapalje & Lawrence is the most practically useful of the four for researchers: it not only states the dates but flags the Judicature Act 1873 as the abolishing instrument, giving researchers the exact statutory reference (Jud. Act, 1873, § 26) and the clean doctrinal break. This is the kind of transitional notation that Black's and Burrill's omit. Bouvier's is the least informative on this specific term — it redirects to "Term" and pivots immediately to the unrelated "Michel-Gemot" entry. Researchers using Bouvier's as their primary source will need to follow that cross-reference for substantive content. None of the historical dictionaries address the carry-over of term nomenclature into early American practice, the academic survival of the term, or the date gap between the feast of Michaelmas (September 29) and the term's start (November 2). These are gaps researchers must supply from other sources.
Jurisdictional Note
Michaelmas Term as a formal legal construct was an English common law institution. Its abolition by the Judicature Act 1873 was specific to England and Wales; Ireland maintained related structures under its own court reforms. American jurisdictions that used term-based court calendars generally developed their own term names and schedules, and direct use of "Michaelmas Term" in American legal sources is uncommon outside of colonial-era materials.
Encyclopedia Cross-Reference
No Law Mind Encyclopedia entry directly addresses court terms or the English common law term system. The matched entries (capital gains, employment contracts, INCOTERMS) are not relevant.
Related Terms
Hilary Term | Easter Term | Trinity Term | Legal Term | Court Term | Judicature Act 1873 | Law Term | Sittings | Michaelmas | Quarter Days | Term of Court
MICHAELMAS TERMmain
Black's Law Dictionary • 1891
One of the four terms of the English courts of common law, beginning on the 2d day of November and ending on the 25th. 3 Steph. Comm. 562. MICHE, or MICH. O. Eng. To prac- tice crimes requiring concealment or secrecy; to pilfer articles secretly. Micher, one who practices secret crime. Webster.
MICHAELMAS TERMmain
Rapalje & Lawrence • 1883
- This begins in England on the 2d and ends on the 25th of November in every year. The division of the legal year into terms is abolished, so far as relates to the administration of justice. Jud. Act, 1873, § 26.
MICHAELMAS TERMmain
Bouvier's Law Dictionary • 1928
See TERM. MICHEL-GEMOT (spelled, also, micel- gemote, mycel-gemot. Sax. great meeting or assembly). One of the names of the general council immemorially held in Eng- Land. 1 Sharsw. Bla. Com. 147. One of the great councils of king and noblemen in Saxon times. These great councils were severally called witena-gemotes, afterwards micel synoths and micel-gemotes. Cowel, edit. 1727; Cunningham, Law Dict. Micel-Gemotes. See WITENAGEMOT. The Saxon kings usually called a synod, or mixed council, consisting both of ec- clesiastics and the nobility, three times a year, which was not properly called a par- liament till Henry III.'s time. Cowel, ed. 1727; Cunningham, Law Dict. Synod, Micel-Gemotes. MICHEL-SYNOTH (Sax. great coun- cil). See MICHEL-GEMOT.
Michaelmas termnoun
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.
The first term of the legal year, running from October to December, during which the upper courts of England and Wales, and Ireland, sit to hear cases. | The first academic term of the universities of Oxford, Cambridge, and Dublin, and other educational institutions, running from October to December; the term was modelled after the legal term, but does not begin and end on the same dates.

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