Also known as:sessions · sess · sessio · sessional · sess. · in session
Written by attorneys · grounded in primary & secondary sources — see below
A period during which a court, legislature, or other official body conducts its business and proceedings.
Sources & Authorities
How it applies
Common Examples
6
Recess Appointment Expires
President Stella Shapiro filled a vacancy on the federal bench during a Senate recess by granting a commission to Sofia Stern. The commission stated that it would expire at the end of the Senate's next session. When the Senate reconvened and adjourned its session without confirming Stern, the appointment ended automatically.
Grand Jury Proceedings Open
Prosecutors questioned witness Sarah Sullivan before the grand jury while it remained in session. The government attorneys, an interpreter, and the court reporter were all present during the questioning. After the testimony concluded, the grand jury deliberated privately with only the jurors in attendance.
Select any source to read its text and confirm it supports the definition.
Statutes
Federal Rules
Uniform Acts
Dictionaries
William Marbury sought a writ to compel delivery of his judicial commission after the prior session of Congress had ended. The new administration argued that the appointment process had not been completed before the session closed. The Court examined whether the commission had been validly created during the prior session.
Marbury v. Madison5 U.S. (1 Cranch) 137 (1803)
School Board Rule Challenge
Students Sylvia Santos and Sasha Stone refused to salute the flag during a school term governed by state board rules. The board claimed authority to enforce the requirement throughout the official period. The Court considered whether the compulsion during that period violated constitutional protections.
West Virginia State Board of Education v. Barnette319 U.S. 624, 638 (1943)
Legislative District Challenge
Voters in several districts challenged the apportionment plan adopted during the most recent legislative period. The plan had been enacted before the period adjourned. The Court assessed whether the actions created a justiciable controversy over representation.
Baker v. Carr369 U.S. 186, 211
Agency Rulemaking Review
Silverline Industries challenged an agency rule finalized after the close of the public comment period during the agency's regular period. The agency had relied on its own procedures rather than additional hearings. The Court reviewed whether the process satisfied statutory requirements.
Vermont Yankee Nuclear Power Corp. v. Nat. Res. Def. Council, Inc.467 U.S. 837, 843, 104 S. Ct. 2778, 2781, 81 L. Ed. 2d 694 (1984)
Common questions
Frequently Asked
3
What does it mean for a grand jury to be in session under the federal rules?+
A grand jury is in session when it is hearing evidence and questioning witnesses. Only specified persons such as government attorneys, the witness, interpreters, and a court reporter may be present during that time. Deliberations and voting occur separately without those additional persons.
How does the end of a Senate session affect a recess appointment?+
A recess appointment commission expires automatically at the end of the Senate's next session if the appointee is not confirmed. The appointment is temporary and tied directly to the timing of Senate sessions. Once the session concludes without confirmation, the position becomes vacant again.
Does the term session refer only to one day of court business?+
Session refers to the period when an official body such as a court or legislature conducts its business. The supplied authorities illustrate this through Senate sessions ending commissions and grand jury proceedings while hearing evidence.
5 U.S. (1 Cranch) 137 (1803)Property
…by this act, no mandamus will lie because the Secretary is responsible only to the President. The second act at the same session, 15 September 1789, changed the name to Department of State and assigned duties in the performance of which the Secretary cannot be lawfully controlled by the President and for the…