TERM

9 definitions found across Law Mind sources

TERMAuthored
The Law Mind • 1714 words
Definition
"Term" carries several distinct legal meanings, each rooted in the same underlying concept: a limit, boundary, or defined period of time. 1. Word or expression of art. A term is a word or phrase carrying a fixed and known meaning within a particular field — law, science, trade, or profession. A "term of art" is a word whose legal meaning is technical and may differ from its ordinary sense. A "term of law" refers to an expression recognized and used within legal proceedings or instruments. 2. Civil law: time granted to a debtor. In the civil law tradition, a term (from the Latin terminus) is a period of time expressly granted to a debtor within which to discharge an obligation. It is a condition of time attached to the performance of a duty, suspending the creditor's right to demand immediate payment. Unlike a condition (which may or may not occur), a term will arrive with certainty — only the moment of arrival may be uncertain. 3. Estates and property: duration of a leasehold. In real property law, "term" denotes the duration — the temporal limit — for which a leasehold estate is granted. A "term of years" is an estate created by a lease for a fixed, definite period, whether that period is one year, ninety-nine years, or any other specified duration. Critically, the word "term" encompasses not only the time itself but also the estate and interest that pass during that time. This means a term may end before the clock runs out — by surrender, forfeiture, merger, or other lawful termination — and the term is extinguished even if time remains on the lease. 4. Court practice: a sitting period of court. A "term of court" is a fixed period during which a court is open and authorized to transact judicial business. Older practice divided the legal calendar into named terms (Michaelmas, Hilary, Easter, Trinity in English practice; similar divisions in early American practice). The concept survives in modified form in modern court schedules and in rules governing when time periods for filing begin to run. 5. Contracts: conditions of agreement. In contract law, "terms" are the binding provisions, promises, and conditions that together define the rights and obligations of the parties. Terms may be express (explicitly stated) or implied (supplied by law or usage). The word is also used narrowly to refer to the price and payment conditions in a commercial transaction. ---
Common Language
Modern common usage (Wiktionary): A limit, boundary, or restricted timespan; any of the binding conditions in a legal contract; a word or phrase, especially in a specialized field; a period during which instruction is given (school term). Historical common usage (Webster's 1913): That which limits the extent of anything; limit, extremity, bound, boundary; the time for which anything lasts; any limited time; a definite period during which instruction is given. The common and legal definitions share the same root sense — a limit, a bound — and are not sharply divergent. The meaningful gap lies in specificity: in ordinary use, "terms" in a contract loosely means the deal's conditions. In law, "terms" is a term of art carrying a structured distinction between express and implied terms, conditions, warranties, and innominate terms, each with different consequences for breach. A lay reader who thinks "terms" simply means "the agreement's contents" will miss that distinction entirely. ---
Common Confusion
TERM vs. CONDITION (in civil law and contract law). In civil law, a term (dies) is an event that will certainly occur; a condition (conditio) is an event that may or may not occur. Both suspend or modify an obligation, but a term merely delays performance while a condition may prevent it entirely. Historical sources, particularly those drawing on the civil law tradition, use "term" and "condition" with precision that modern common-law drafting often blurs. TERM vs. TENANCY AT WILL. A term of years carries a defined endpoint. A tenancy at will has no fixed duration and is terminable by either party. Sources that use "term" loosely to describe any leasehold arrangement may obscure this distinction. TERM OF COURT vs. SESSION. In older practice, "term" and "session" were sometimes used interchangeably, but they carried distinct procedural meanings depending on jurisdiction and era. Researchers using historical court records should not assume the words are synonymous. ---
Core Elements
For a term of years (leasehold): - A lessor and lessee with capacity to contract - A definite, fixed period of duration (or a period calculable with certainty) - Conveyance of possession, not merely a license - The estate passes with the term — extinguishment of the term (by surrender, forfeiture, merger) ends the estate regardless of time remaining For a term in the civil law sense (time granted to debtor): - A debt or obligation that exists and is enforceable - An express or implied grant of time before performance is due - The obligation remains during the term; only the right to compel immediate performance is suspended - Arrival of the term makes the obligation immediately demandable ---
Recognized Forms
/SUBTYPES Term of years: A leasehold estate for any fixed, definite period. The name is historical — the period need not be measured in years. Term for life: In some older usage, an estate measured by a life rather than a calendar period; the terminology is less common in modern practice, where "life estate" is standard. Term of court: The designated period during which a court holds regular sessions; in many jurisdictions now replaced by continuous or year-round court calendars. Term of art: A word or expression with a specialized technical meaning within a field, distinct from its ordinary meaning. Long-term / short-term (in tax and securities): A temporal classification distinguishing capital assets held beyond or within a specified holding period, with different tax treatment attached to each. See Encyclopedia cross-reference below. ---
Why It Matters in Research
The single greatest trap in researching "term" across the Law Mind corpus is that the word is doing different work in different legal contexts, and historical sources do not always signal which sense is operative. A passage from a treatise on real property using "term" to mean the leasehold estate (not merely the time period) will be misread if the reader assumes the common meaning of "duration." In property research: the Bouvier and Burrill entries make explicit that "term" in a lease does not simply mean the clock is running — it means an estate has been conveyed. When that estate ends early (by surrender or forfeiture), the "term" ends even if calendar time remains. This distinction matters for researching reversions, remainders, and landlord remedies in historical sources. In civil law research: French and Louisiana sources (and those drawing on Pothier) use "term" in its technical civil law sense — a dies certus, a day certain — with precision that common-law sources rarely match. Researchers using Louisiana materials, civilian treatises, or sources on international contract law should be alert to this usage. In court practice research: "term of court" terminology in pre-20th-century American sources governs when proceedings could be held, when defaults could be entered, and when the court's jurisdiction over a matter attached or lapsed. Statutes abolishing fixed terms of court (most federal courts did so in the 20th century) changed procedural rules significantly; historical procedural research must account for which regime governed. In contract research: "terms" in a modern commercial contract — especially in international trade — carries layers of meaning (express terms, implied terms, conditions, warranties, INCOTERMS) that are invisible if the researcher treats the word as merely a synonym for "provisions." ---
Historical Dictionary Support
The historical sources converge on a common origin: term derives from terminus, meaning a limit or boundary. Burrill captures this most precisely, defining term as "[a] limit; a bound or boundary, particularly of time," and proceeding through estate law, court practice, and civil law usage in a single entry. Black's (both editions) and Bouvier offer the same tripartite structure — word/expression, civil law usage, and property law usage — with essentially identical substance. Rapalje & Lawrence contributes the important clarification, echoed in Bouvier, that "term" in a lease "not only signifies the limit of time, but also the estate and interest that pass for that time." This is the key property-law refinement, and it is one that purely definitional treatments can understate. Anderson's Dictionary of Law is broader, emphasizing the linguistic and professional sense ("a term of art," "a term of law") alongside the temporal ones, and notes the connection to "terminus" in legal usage. What the historical dictionaries do not fully address is the modern contract-law usage of "terms" to mean the substantive provisions of an agreement — conditions, warranties, representations, and the like. This usage was developing in 19th-century commercial practice but was not systematized in the dictionary sources as it has been in 20th and 21st century contract law. Researchers should not assume that historical definitions of "terms" map cleanly onto modern contract doctrine. ---
Jurisdictional Note
Louisiana civil law retains the technical civil law meaning of "term" as a temporal condition on an obligation, codified in the Civil Code. Common-law jurisdictions use "term" in property and contract contexts without this civilian precision. In federal courts, fixed terms of court were abolished by statute; most state courts have followed, but historical state court records may reflect term-based procedural rules that no longer apply. ---
Encyclopedia Cross-Reference
Employment Contracts — Formation, Terms, and Enforcement (Law Mind Employment & Labor Law Encyclopedia) International Contracts — INCOTERMS and International Trade Terms (Law Mind Contracts & Commercial Law Encyclopedia) Gross Income — Short-Term vs. Long-Term Capital Gains (Law Mind Tax Encyclopedia) ---
Related Terms
Term of years | Tenancy | Leasehold | Estate | Condition (civil law) | Dies certus | Term of art | Term of court | Session | Express term | Implied term | Warranty | Condition (contract) | INCOTERMS | Holding period | Surrender | Forfeiture | Reversion
TERMmain
Black's Law Dictionary • 1891
A word or phrase; an expres- sion; particularly one which possesses a fixed Sand known meaning in some science, art, or [ profession. In the civil law. A space of time grant- ed to a debtor for discharging his obligation. Poth. Obl. pt. 2, c. 3, art. 3, § 1. Civil Code La. art. 2048. In estates. “Term" signifies the bounds, limitation, or extent of time for which an estate is granted; as when a man holds an estate for any limited or specific number of years, which is called his "term," and he himself is called, with reference to the term he so holds, the "termor," or "tenant of the term." Of court. The word "term," when used with reference to a court, signifies the space of time during which the court holds a ses- sion. A session signifies the time during the term when the court sits for the trans- action of business, and the session com- mences when the court convenes for the term, and continues until final adjournment, either before or at the expiration of the term. The term of the court is the time prescribed by law during which it may be in session. The session of the court is the time of its actual sitting. 19 Tex. App. 433.
TERMmain
Black's Law Dictionary (2nd Ed.) • 1910
was white and the othera mulatto. See Danjel v. Guy, 19 Ark. 131. A word or phrase; an expression; particularly one which possesses a fixed and known meaning in some science, art, or profession. In the civil law. A space of time granted to a debtor for discharging his obligation. Poth. Obl. pt. 2, @ 8, art. 3, § 1; Civ. Code La. art. 2048. In estates. “Term” signifies the bounds, limitation, or extent of time for which an estate is granted; as when a man holds an estate for any limited or specific number of years, which is called his “term,” and he himself is called, with reference to the term he so holds, the “termor,’” or “‘tenant of the term.” See Gay Mfg. Co. v. Hobbs, 128 N. C. 46, 38 S. B. 26, 83 Am. St. Rep. 661; Sanderson v. Scranton, 105 Pa. 472; Hurd v. Whitsett, 4 Colo. 84; Taylor v. Terry, 71 Cal. 46, 11 Pac. 813. Of court. The word “term,” when used with reference to a court, signifies the space of time during which the court holds a session. A session signifies the time during . the term when the court sits for the transaction of business, and the session commences when the court convenes for the term, and continues until final adjournment, either before or at the expiration of the term. The term of the court is the time prescribed by law during which it may be in session. The session of the court is the time of its actual sitting. Lipari v. State, 19 Tex. App. 431. And see Horton v. Miller, 88 Pa. 271; Dees v. State, 78 Miss. 250, 28 South. 849; Conkling v. Ridgely, 112 Ill. 36, 1 N. E. 261, 54 Am. Rep. 204; Brown v. Hume, 16 Grat. (Va.) 462; Brown v. Leet, 136 Ill. 208, 26 N. E. 639. —General term. A phrase used {in some jurisdictions to denote the ordinary session of a court. for the trial and determination of causes, as distinguished from a special term, for the hearing of motions or arguments or the despatch of various kinds of formal business, or the trial of a special list or class of cases. Or it may denote a sitting of the court in bane.- State v. Eggers, 152 Mo. 485, 54 S. W. 498.—Regular term. A regular term of court is a term begun at the time appointed by law, and continued, in the discretion of the court, to such time as it may appoint, consistent with the: law: Wightman v. Karsner, 20 Ala. 451.—Special term. Iu New York practice, that branch of the court which is held by a single judge for hearing and deciding in the first instance motions and causes of equitable nature is called the “special term,” as opposed to the “general terin,” held by three judges (usually) to hear anals. Abbott: Gracie v. Freeland, 1 N. Y. 32.—Term attendant on the inheritance. See ATTENDANT TERMS.—Term fee. In Fnglish practice. A certain sum which a solicitor is entitled to charge to his client. and the client to recover, if successful, from the unsuccessful party; payable for every term in which any proceedings subsequent to the summons shall take place. Wharton.—Term for deliberating. By “term for deliberating” is understood the time given to the beneficiary heir, to examine if it be for his interest to accept or reject the nee n which has fallen to him. Civ. Code La. art. 10383.—Term for years. An estate for years and the time durin pig such estate is to be held are each calle “term ;” hence the term ma eehre before the time, as by a surrender. . Litt. 45.—Term in gross. A term of years “is said to be either in gross (outStanding) or attendant upon the inheritance. It is outstanding, or in gross, when it is unattached or disconnected from the estate or inheritance, as where it is in the hands of some third ty having no interest in the inheritance; it 1s attendant, when vested in some trustee in trust for the owner of the inheritance. Brown. —Term of lease. The word “term,” when used in connection with a lease, means the period which is granted for the lessee to occupy the premises, and does not include the time between the making of the lease and the tenant’s entry. Young v. Dake, 5 N. Y. 463, 55 Am. Dec. 356.—Term probatory. The period of time allowed to the promoter of an ecclesiastical suit to produce his witnesses, and prove the facts on which he rests his case. Coote, Ecc. Pr. 240, 241.—Term to conclude. In English a clesiatlen practice. An appointment by the judge of a time at which both parties are understood to renounce all further exible and allegations. Term to prepenne = In English ecclesiastica practice. An appointment by the jvdge of a time at which both par ties are to exhibit all the acts and instruments which make for their respective causes. In the law of contracts and in court practice. The word is generally used in the plural, and “terms” are conditions; propositions stated or promises made which, when assented to or accepted by another, settle the contract and bind the parties. Webster. See Hutchinson vy. Lord, 1 Wis. 313, 60 Am. Dec. 381; State v. Fawcett, 58 Neb. 371, 78 N. W. 636; Rokes v. Amazon Ins. Co., 51 Md. 512, 34 Am. Rep. 3238. —Special terms. Peculiar or unusual conditions imposed on a party before granting some application to the favor of the court.—Under terms. <A party is said to be wnder terme when an indulgence is granted to him by the court in its discretion, on certain conditions. ge when an injunction is granted ex parte, party obtaining it is put under terms to abide t by such order as to damages as the court may make at the hearing. Mozley & Whitley.
TERMmain
Rapalje & Lawrence • 1883
LESSEE, (in a statute). 57 Barb. (N. Y.) 589. LESSEN AND REDUCE TO, (in turnpike act). 4 Barn. & C. 361. (1263) (Elt. Copyh. 7.) There are sometimes customs incident to the tenure of a freehold estate in feesimple, but this does not make the tenure a customary one. Wms. Seis. 11; Blount Ten. passim. ?9. Ecclesiastical or spiritual tenures are: tenure in frankalmoign, and tenure by divine service (q. v.) Co. Litt. 95 a. As to tenure by priority and posteriority, see 1 Co. 102 b, n. on local custom, and not on the general law. years granted, not for the purpose of occupation by the grantee, but as security for the performance of an obligation, such as the payment of money. (Wms. Real Prop. 412.) For this purpose it is often more convenient to limit a long term to the person in whose favor the obligation is created, and to allow the ownership of the property, subject to the term, to remain in the person entitled to the enjoyment of it, than to transfer the whole ownership as security, as in the case of a mortgage (q. v.) Thus, in England, when land is settled on the marriage of the owner, it is where an ecclesiastical corporation, sole or aggreusual to provide for the payment of a gate, holds land by a certain divine service, as to jointure to the wife, and of portions for say pravers on a certain day in every year, "or the younger children, without interfering to distribute in almes to an hundred poore men an hundred pence at such a day." (Litt. § 137.) with the possession of the estate by the It was originally called "tenure in alms," as dishusband. This is done by vesting long tinguished from tenure in free alms (frankalterms of years (from 99 to 1000) in trustees, TENURE, (in act relative to commissioners). 9 Wend. (N. Y.) 58. (in a deed). 44 N. Y. 353, 362. (devise of lands in). 1 W. Bl. 255. TENURE BY DIVINE SERVICE is moign). (Britt. 164 b.) This tenure differs from frankalmoign in the service being certain, upon trust, out of the rents and profits of in consequence of which the lord may distrain the estate, or by sale or mortgage thereof if the service is not performed. Fealty is also due by the tenant. Co. Litt. 966. See FRANKALMOIGN; SERVICE, § 2; TENURE. TERCE.-In the Scotch law, thirds; dower. TERCER.-In the Scotch law, a widow in possession of the third part of her husband's land as her legal jointure.
TERMn.
Websters Unabridged Dictionary (1913) • 1913
That which limits the extent of anything; limit; extremity; bound; boundary. Corruption is a reciprocal to generation, and they two are as nature's two terms, or boundaries. Bacon. The time for which anything lasts; any limited time; as, a term of five years; the term of life. In universities, schools, etc., a definite continuous period during which instruction is regularly given to students; as, the school year is divided into three terms. A point, line, or superficies, that limits; as, a line is the term of a superficies, and a superficies is the term of a solid. A fixed period of time; a prescribed duration; as: The limitation of an estate; or rather, the whole time for which an estate is granted, as for the term of a life or lives, or for a term of years. A space of time granted to a debtor for discharging his obligation. The time in which a court is held or is open for the trial of causes. Bouvier. The subject or the predicate of a proposition; one of the three component parts of a syllogism, each one of which is used twice. The subject and predicate of a proposition are, after Aristotle, together called its terms or extremes. Sir W. Hamilton. A word or expression; specifically, one that has a precisely limited meaning in certain relations and uses, or is peculiar to a science, art, profession, or the like; as, a technical term. "Terms quaint of law." Chaucer. In painting, the greatest beauties can not always be expressed for want of terms. Dryden. A quadrangular pillar, adorned on the top with the figure of a head, as of a man, woman, or satyr; -- called also terminal figure. See Terminus, n., 2 and 3. A member of a compound quantity; as, a or b in a + b; ab or cd in ab - cd. The menses. Propositions or promises, as in contracts, which, when assented to or accepted by another, settle the contract and bind the parties; conditions. In Scotland, the time fixed for the payment of rents. A piece of carved work placed under each end of the taffrail. J. Knowels. In term, in set terms; in formal phrase. [Obs.] I can not speak in term. Chaucer. -- Term fee (Law) (a), a fee by the term, chargeable to a suitor, or by law fixed and taxable in the costs of a cause for each or any term it is in court. -- Terms of a proportion (Math.), the four members of which it is composed. -- To bring to terms, to compel (one) to agree, assent, or submit; to force (one) to come to terms. -- To make terms, to come to terms; to make an agreement: to agree.
TERMv.
Websters Unabridged Dictionary (1913) • 1913
To apply a term to; to name; to call; to denominate. Men term what is beyond the limits of the universe "imaginary space." Locke.
termnoun
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
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That which limits the extent of anything; limit, extremity, bound, boundary, terminus. | A chronological limitation or restriction, a limited timespan. | Any of the binding conditions or promises in a legal contract. | Specifically, the conditions in a legal contract that specify the price and also how and when payment must be made. | A point, line, or superficies that limits. | A word or phrase (e.g., noun phrase, verb phrase, open compound), especially one from a specialised area of knowledge; a name for a concept. | Relations among people. | Part of a year, especially one of the divisions of an academic year. | Duration of officeholding, or its limit; period in office of fixed length. | Duration of officeholding, or its limit; period in office of fixed length. | The time during which legal courts are open. | Duration of officeholding, or its limit; period in office of fixed length. | Certain days on which rent is paid. | With respect to a pregnancy, the usual duration of gestation for the given species (for example, nine months in humans); (metonymic) the end of this duration: the timepoint at which birth usually happens (for example, in humans, approximately 40 weeks from conception), defining the due date. | The maximum period during which the patent can be maintained into force. | A menstrual period. | Any value (variable or constant) or expression separated from another term by a space or an appropriate character, in an overall expression or table. | The subject or the predicate of a proposition; one of the three component parts of a syllogism, each one of which is used twice. | An essential dignity in which unequal segments of every astrological sign have internal rulerships which affect the power and integrity of each planet in a natal chart. | A statue of the upper body, sometimes without the arms, ending in a pillar or pedestal. | A piece of carved work placed under each end of the taffrail.
termverb
Wiktionary (English) • 2026
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To phrase a certain way; to name or call.
termadj
Wiktionary (English) • 2026
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Born or delivered at term.

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