Also known as:atterminare · attermoiement · adjournment · respite
Written by attorneys · grounded in primary & secondary sources — see below
An act of granting a delay for some purpose. The extension of time for a meeting or legislative session constitutes atterminement.
Sources & Authorities
How it applies
Common Examples
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Revenue Bill Pocket Veto
Congress passes a luxury real estate tax bill and sends it to the President. During an intrasession adjournment the President withholds action. The resulting adjournment prevents the bill from becoming law, so Alpha Homes successfully challenges enforcement.
State of the Union Delay
The President recommends legislation during an extraordinary session but Congress disagrees on adjournment timing. The executive grants adjournment by adjourning both houses to a date the President selects, allowing further consideration of the measures.
Resumption After Silence
A suspect invokes the right to remain silent during custodial questioning. Police grant adjournment by ceasing interrogation and later resuming only after fresh warnings, satisfying the constitutional requirements for any subsequent statement.
Select any source to read its text and confirm it supports the definition.
Statutes
Model Codes
Dictionaries
Michigan v. Mosley423 U.S. 96 (1975)
Highway Length Restriction
A state enacts limits on truck lengths that burden interstate commerce. The court grants adjournment by staying enforcement pending further legislative action that satisfies the dormant commerce clause balancing test.
Kassell v. Consolidated Freightways Corp.450 U.S. 662, 702-703 (1981)
Mortgage Moratorium Extension
Homeowners face foreclosure during an economic emergency. The legislature grants adjournment by extending redemption periods, and the court upholds the measure against contracts clause challenge because the delay serves a valid public purpose.
Home Building & Loan Association v. Blaisdell290 U.S. 398, 54 S.Ct. 231, 78 L.Ed. 413 (1934)
Tariff Bill Presentment
A revenue bill passes both houses but the President withholds signature during congressional adjournment. The resulting adjournment blocks the bill from becoming law, confirming that only proper presentment satisfies constitutional requirements.
Field v. Clark143 U.S. 649, 693 (1892)
Common questions
Frequently Asked
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What does atterminement mean in corporate meeting contexts?+
It refers to the granting of a delay such as an adjournment or postponement of a shareholders meeting. Model Business Corporation Act provisions treat a determination of shareholders as effective for any adjournment unless a new record date is fixed.
How does atterminement affect initial directors terms?+
Initial directors terms expire only at the first shareholders meeting at which directors are actually elected. An adjournment or postponement that prevents an election does not trigger expiration, preserving board continuity.
Can bylaws authorize indefinite postponement of annual meetings?+
No. A bylaw permitting open-ended postponement whenever a contested election is anticipated conflicts with statutory requirements for timely shareholder meetings and is invalid.
Does atterminement apply to record dates for special meeting demands?+
A record date fixed for an annual meeting does not automatically control a later special meeting demand. A new record date must be set when the demand constitutes a distinct corporate action after ownership changes.
462 U.S. 919, 954 n. 16, 103 S.Ct. 2764, 2785 n. 16, 77 L.Ed.2d 317Legislation and Regulation
…or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two…