Legal Terms
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The legal year, in
English law English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, be ...
as well as in other
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
jurisdictions, is the calendar during which the judges sit in court. It is traditionally divided into periods called "terms".


Asia


Hong Kong

Hong Kong Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China ( abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delt ...
's legal year is marked as Ceremonial Opening of the Legal Year with an address by the Chief Justice of Hong Kong and begins in January.


Taiwan

The start of the legal year for courts in
Taiwan Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the nort ...
is referred to as Judicial Day and marked in early January.


Europe


England

In England, the year is divided into four terms: :*
Michaelmas term Michaelmas term is the first academic term of the academic year in a number of English-speaking universities and schools in the northern hemisphere, especially in the United Kingdom. Michaelmas term derives its name from the Feast of St Micha ...
- from October to December :*
Hilary term Hilary term is the second academic term of the University of OxfordEaster term Easter term is the summer term at the University of Cambridge, University of Wales, Lampeter, University of Durham, and formerly University of Newcastle upon Tyne (before 2004Trinity term - from June to July. Between terms, the
courts A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...
are in vacation, and no
trial In law, a trial is a coming together of Party (law), parties to a :wikt:dispute, dispute, to present information (in the form of evidence (law), evidence) in a tribunal, a formal setting with the authority to Adjudication, adjudicate claims or d ...
s or appeals are heard in the High Court, Court of Appeal and Supreme Court. The legal terms apply to the High Court, Court of Appeal and Supreme Court only, and so have no application to the
Crown Court The Crown Court is the court of first instance of England and Wales responsible for hearing all Indictable offence, indictable offences, some Hybrid offence, either way offences and appeals lied to it by the Magistrates' court, magistrates' court ...
,
County Court A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions (subnational entities) within a country, not to be confused with the medieval system of ''county courts'' held by the high ...
, or
magistrates' court A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Courts * Magistrates' court (England and Wales) * Magistrate's Cour ...
s. The longest vacation period is between July and October. The dates of the terms are determined in law by a practice direction in the
Civil Procedure Rules The Civil Procedure Rules (CPR) were introduced in 1997 as per the Civil Procedure Act 1997 by the Civil Procedure Rule Committee and are the rules of civil procedure used by the Court of Appeal, High Court of Justice, and County Courts in civil ...
. The Hilary term was formerly from the 11th to the 31st of January, during which superior courts of England were open. The legal year commences at the beginning of October, with a ceremony dating back to the
Middle Ages In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire a ...
in which the
judges A judge is an official who presides over a court. Judge or Judges may also refer to: Roles *Judge, an alternative name for an adjudicator in a competition in theatre, music, sport, etc. *Judge, an alternative name/aviator call sign for a membe ...
arrive in a procession from the Temple Bar to
Westminster Abbey Westminster Abbey, formally titled the Collegiate Church of Saint Peter at Westminster, is an historic, mainly Gothic church in the City of Westminster, London, England, just to the west of the Palace of Westminster. It is one of the United ...
for a religious service, followed by a reception known as the
Lord Chancellor The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The ...
's breakfast, which is held in
Westminster Hall The Palace of Westminster serves as the meeting place for both the House of Commons of the United Kingdom, House of Commons and the House of Lords, the two houses of the Parliament of the United Kingdom. Informally known as the Houses of Parli ...
. Although in former times the judges walked the distance from Temple to Westminster, they now mostly arrive by car. The service is held by the
Dean of Westminster The Dean of Westminster is the head of the chapter at Westminster Abbey. Due to the Abbey's status as a Royal Peculiar, the dean answers directly to the British monarch (not to the Bishop of London as ordinary, nor to the Archbishop of Canterbu ...
with the reading performed by the Lord Chancellor. The ceremony dates back to 1897 and has been held continuously since with the exception of the years 1940 to 1946 because of the
Second World War World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
and 2020 because of the
COVID-19 pandemic The COVID-19 pandemic, also known as the coronavirus pandemic, is an ongoing global pandemic of coronavirus disease 2019 (COVID-19) caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The novel virus was first identif ...
. In 1953 it was held in St Margaret's Church because Westminster Abbey was still decorated for the
Coronation of Queen Elizabeth II The coronation of Elizabeth II took place on 2 June 1953 at Westminster Abbey in London. She acceded to the throne at the age of 25 upon the death of her father, George VI, on 6 February 1952, being proclaimed queen by her privy and executive ...
.


Ireland

In Ireland, the year is divided as per the English system, with identical Michaelmas, Hilary, Easter and Trinity terms. These have a Christmas, Easter, Whit and Long Vacation between them respectively. The Michaelmas term, and legal year, is opened with a service in St. Michan's Church, Dublin attended by members of the Bar and Law Society who then adjourn to a breakfast given in the
King's Inns The Honorable Society of King's Inns ( ir, Cumann Onórach Óstaí an Rí) is the "Inn of Court" for the Bar of Ireland. Established in 1541, King's Inns is Ireland's oldest school of law and one of Ireland's significant historical environment ...
.


North America


Canada

Courts in Canada do not have formal terms. They are open year-round but tend to be less busy over the summer months. There is a formal opening of the courts in
Ontario Ontario ( ; ) is one of the thirteen provinces and territories of Canada.Ontario is located in the geographic eastern half of Canada, but it has historically and politically been considered to be part of Central Canada. Located in Central Ca ...
in September. Unlike the US Supreme Court, there is no requirement to issue decisions before the end of the legal year; instead, decisions must be released within a certain period after the trial or appeal.


United States

The
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
follows part of the legal year tradition, albeit without the elaborate ceremony. The court's year-long term commences on the first Monday in October (and is simply called "October Term"), with a
Red Mass A Red Mass is a Mass celebrated annually in the Roman Catholic Church for all members of the legal profession, regardless of religious affiliation: judges, lawyers, law school professors, law students, and government officials, marking the openin ...
the day before. The court then alternates between "sittings" and "recesses" and goes into final recess at the end of June. Several
Midwest The Midwestern United States, also referred to as the Midwest or the American Midwest, is one of four Census Bureau Region, census regions of the United States Census Bureau (also known as "Region 2"). It occupies the northern central part of ...
and
East Coast East Coast may refer to: Entertainment * East Coast hip hop, a subgenre of hip hop * East Coast (ASAP Ferg song), "East Coast" (ASAP Ferg song), 2017 * East Coast (Saves the Day song), "East Coast" (Saves the Day song), 2004 * East Coast FM, a ra ...
states and some federal courts still use the legal year and terms of court. Like the Supreme Court, the
U.S. Court of Appeals for the Second Circuit The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate juri ...
has a single year-long term with designated sittings within that term, although the Second Circuit begins its term in August instead of October (hence the name "August Term"). The U.S. Tax Court divides the year into four season-based terms starting in January. Connecticut appellate courts divide the legal year into eight terms starting in September. New York courts divide the year into 13 terms starting in January. The Georgia Court of Appeals uses a three-term year starting in January. The
Illinois Supreme Court The Supreme Court of Illinois is the state supreme court, the highest court of the State of Illinois. The court's authority is granted in Article VI of the current Illinois Constitution, which provides for seven justices elected from the five ap ...
divides the year into six terms starting in January. Several states, like Ohio and Mississippi, do not have a uniform statewide rule for terms of court, so the number of terms varies greatly from one court to the next because every single court sets forth its own terms of court in its local rules. However, the majority of U.S. states and most federal courts have abandoned the legal year and the related concept of terms of court. Instead, they reverse the presumption. They merely mandate that the courts are to be open year-round during business hours on every day that is not Saturday, Sunday, or a legal holiday. A typical example is Rule 77(c)(1) of the Federal Rules of Civil Procedure, which states that "The clerk's office ... must be open during business hours every day except Saturdays, Sundays, and legal holidays." Furthermore, states: "All courts of the United States shall be deemed always open for the purpose of filing proper papers, issuing and returning process, and making motions and orders."


References


See also

* Law Terms Act 1830


Further reading

*


External links


Legal year information from judiciary.gov.ukPractice Direction setting out term dates
{{DEFAULTSORT:Legal Year English law Calendars