WINTER

8 definitions found across Law Mind sources

WINTERAuthored
The Law Mind • 1046 words
Definition
In law, "winter" rarely appears as a defined term in its own right. When it does, the definition is contextual: courts have construed "winter" as a seasonal period that necessarily spans parts of two consecutive calendar years — the latter portion of one year and the early portion of the next. This construction matters whenever a contract, statute, lease, notice requirement, or regulatory deadline references "winter" without specifying exact dates. Beyond its calendar meaning, "winter" enters legal research through two distinct bodies of doctrine that bear the word as a proper noun: 1. The Winter standard (preliminary injunctions): The four-factor test from Winter v. Natural Resources Defense Council, 555 U.S. 7 (2008), governing the issuance of preliminary injunctions in federal court. A movant must demonstrate (1) a likelihood of success on the merits, (2) a likelihood of irreparable harm in the absence of preliminary relief, (3) that the balance of equities tips in the movant's favor, and (4) that an injunction is in the public interest. 2. The Winters Doctrine (water rights): The implied-reservation doctrine established in Winters v. United States, 207 U.S. 564 (1908), holding that when the federal government sets aside land for a reservation, it impliedly reserves sufficient water rights to fulfill the reservation's purposes, with a priority date coinciding with the reservation's establishment.
Common Language
Modern common usage (Wiktionary): Traditionally the fourth of the four seasons, spanning either the period from the winter solstice to the spring equinox, or — in practical usage for temperate and polar regions of the Northern Hemisphere — the months of December, January, and February. Historical common usage (Webster's 1913): "The season of the year in which the sun shines most obliquely upon any region; the coldest season of the year." Also used figuratively for a period of decay or old age. The common meaning of "winter" is fixed by astronomy or convention to a single continuous span within one calendar year. The legal construction is different: Bouvier flags that winter straddles two calendar years, which matters when a contract or statute uses "winter" as a deadline anchor. A period described as "next winter" in an October agreement may be ambiguous in a way that "next December through February" would not be.
Common Confusion
Three distinct legal concepts travel under the "winter" label and are routinely conflated in research: — The Winter standard (injunctive relief) and the Winters Doctrine (federal reserved water rights) share no doctrinal connection. A search for "Winter" in a federal case database will surface both bodies of law and neither has anything to do with the other. — The term "winter" as a calendar construct in contracts and statutes is a third, entirely separate issue — one of ordinary contract interpretation rather than constitutional or administrative law. Researchers should identify which "winter" concept is at issue before selecting search terms or secondary sources.
Why It Matters in Research
Calendar meaning: The cross-year problem Bouvier identifies is genuinely tricky in older instruments. A deed, lease, or agricultural contract from the 19th or early 20th century may reference "the winter season" for performance obligations, grazing rights, or notice periods. Because winter spans parts of two years, courts have had to determine which year's law, which year's crop cycle, or which year's price terms applied. When researching historical contract disputes involving seasonal performance, treat any unqualified "winter" term as ambiguous and look for surrounding evidence of what the parties actually intended. The Winter standard: Pre-2008 federal injunction research is unreliable for current practice. Before Winter v. NRDC, many circuits applied a sliding-scale or "serious questions" test that allowed a weaker showing on likelihood of success to be offset by a strong showing of irreparable harm. Winter tightened this to a genuine likelihood requirement on all four factors, though circuit courts have continued to diverge on how strictly to apply it. Any secondary source or case from before 2008 describing the federal preliminary injunction standard requires verification against current circuit authority. The Winters Doctrine: The implied-reservation doctrine is a major point of intersection between federal Indian law, water law, and public lands research. The doctrine has expanded significantly since 1908 — from its original reservation context to encompass other federal reservations including national forests and parks in some circuits — and it remains contested. The property_126 encyclopedia entry addresses this evolution. Researchers should also note that the Winters Doctrine water rights may be unquantified and unperfected, creating title and priority issues that surface in water adjudications, environmental reviews, and tribal sovereignty disputes. Corpus connections: A researcher working in civil procedure who needs the Winter injunction standard will find the most reliable treatment in civpro_115. A researcher working in federal water law or tribal rights should proceed directly to property_126 and treat the civil procedure materials as irrelevant noise.
Historical Dictionary Support
Bouvier's sole entry on "winter" as a temporal legal concept establishes the cross-year construction, citing 116 S.W. 260. Bouvier's entry is brief and functional — it does not elaborate on how courts should resolve ambiguity when the two-year span is in dispute, nor does it address what happens when a fixed-date definition (solstice to equinox) would produce a different result than the meteorological or colloquial definition. Historical legal dictionaries generally do not treat "winter" as a substantive legal term, and none of the major historical dictionaries (Black's, Burrill, Tomlin) develop the point further. The practical implication is that historical sources offer minimal guidance; the work of resolving "winter" ambiguities has been done almost entirely at the case level.
Encyclopedia Cross-Reference
civpro_115: Preliminary Injunctions — Rule 65(a) and the Winter v. NRDC Factors (The Law Mind Civil Procedure & Evidence Encyclopedia) property_126: Water Rights — Federal Reserved Water Rights (Winters Doctrine) (The Law Mind Property Law Encyclopedia)
Related Terms
Preliminary injunction — Temporary restraining order — Irreparable harm — Balance of equities — Likelihood of success on the merits — Federal reserved water rights — Winters Doctrine — Prior appropriation — Riparian rights — Indian reserved rights — Seasonal performance — Ambiguity (contract) — Calendar year — Fiscal year
WINTERmain
Bouvier's Law Dictionary • 1928
When we speak of "winter" we mean the cold season of the year, and it necessarily includes a part of two years, the latter part of one, and the early part of the following. 116 S. W. 260.
WINTERn.
Websters Unabridged Dictionary (1913) • 1913
The season of the year in which the sun shines most obliquely upon any region; the coldest season of the year. "Of thirty winter he was old." Chaucer. And after summer evermore succeeds Barren winter, with his wrathful nipping cold. Shak. Winter lingering chills the lap of May. Goldsmith. The period of decay, old age, death, or the like. Life's autumn past, I stand on winter's verge. Wordsworth. Winter apple, an apple that keeps well in winter, or that does not ripen until winter. -- Winter barley, a kind of barley that is sown in autumn. -- Winter berry (Bot.), the name of several American shrubs (Ilex verticillata, I. lævigata, etc.) of the Holly family, having bright red berries conspicuous in winter. -- Winter bloom. (Bot.) (a) A plant of the genus Azalea. (b) A plant of the genus Hamamelis (H. Viginica); witch-hazel; -- so called from its flowers appearing late in autumn, while the leaves are falling. -- Winter bud (Zoöl.), a statoblast. -- Winter cherry (Bot.), a plant (Physalis Alkekengi) of the Nightshade family, which has, a red berry inclosed in the inflated and persistent calyx. See Alkekengi. -- Winter cough (Med.), a form of chronic bronchitis marked by a cough recurring each winter. -- Winter cress (Bot.), a yellow-flowered cruciferous plant (Barbarea vulgaris). -- Winter crop, a crop which will bear the winter, or which may be converted into fodder during the winter. -- Winter duck. (Zoöl.) (a) The pintail. (b) The old squaw. -- Winter egg (Zoöl.), an egg produced in the autumn by many invertebrates, and destined to survive the winter. Such eggs usually differ from the summer eggs in having a thicker shell, and often in being enveloped in a protective case. They sometimes develop in a manner different from that of the summer eggs. -- Winter fallow, ground that is fallowed in winter. -- Winter fat. (Bot.) Same as White sage, under White. -- Winter fever (Med.), pneumonia. [Colloq.] -- Winter flounder. (Zoöl.) See the Note under Flounder. -- Winter gull (Zoöl.), the common European gull; -- called also winter mew. [Prov. Eng.] -- Winter itch. (Med.) See Prarie itch, under Prairie. -- Winter lodge, or Winter lodgment. (Bot.) Same as Hibernaculum. -- Winter mew. (Zoöl.) Same as Winter gull, above. [Prov. Eng.] -- Winter moth (Zoöl.), any one of several species of geometrid moths which come forth in winter, as the European species (Cheimatobia brumata). These moths have rudimentary mouth organs, and eat no food in the imago state. The female of some of the species is wingless. -- Winter oil, oil prepared so as not to solidify in moderately cold weather. -- Winter pear, a kind of pear that keeps well in winter, or that does not ripen until winter. -- Winter quarters, the quarters of troops during the winter; a winter residence or station. -- Winter rye, a kind of rye that is sown in autumn. -- Winter shad (Zoöl.), the gizzard shad. -- Winter sheldrake (Zoöl.), the goosander. [Local, U.S.] -- Winter sleep (Zoöl.), hibernation. -- Winter snipe (Zoöl.), the dunlin. -- Winter solstice. (Astron.) See Solstice, 2. -- Winter teal (Zoöl.), the green-winged teal. -- Winter wagtail (Zoöl.), the gray wagtail (Motacilla melanope). [Prov. Eng.] -- Winter wheat, wheat sown in autumn, which lives during the winter, and ripens in the following summer. -- Winter wren (Zoöl.), a small American wren (Troglodytes hiemalis) closely resembling the common wren.
WINTERv.
Websters Unabridged Dictionary (1913) • 1913
To pass the winter; to hibernate; as, to winter in Florida. Because the haven was not commodious to winter in, the more part advised to depart thence. Acts xxvii. 12.
WINTERv.
Websters Unabridged Dictionary (1913) • 1913
To keep, feed or manage, during the winter; as, to winter young cattle on straw.
Wintername
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
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A surname from the Germanic languages. | A unisex given name. | A placename: | An unincorporated community in the Rural Municipality of Senlac, No. 411, Saskatchewan, Canada. | A placename: | An unincorporated community in Putnam County, West Virginia, United States. | A placename: | A small town and village in Sawyer County, Wisconsin, United States. | The personification of winter, wintertime.
Winternoun
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
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Alternative letter-case form of winter.
winternoun
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.
Traditionally the fourth of the four seasons, typically regarded as spanning either the period between the winter solstice to the spring equinox, or the months of December, January, and February in temperate and polar regions of the Northern Hemisphere and the months of June, July, and August in the Southern Hemisphere. It is the time when the sun is lowest in the sky, resulting in short days, and the time of year with the lowest atmospheric temperatures for the region. | The period of decay, old age, death, or the like. | Someone with dark skin, eyes and hair, seen as best suited to certain colors of clothing. | An appliance to be fixed on the front of a grate, to keep a kettle warm, etc. | The rainy season.

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