Also known as: years · yr.
Written by attorneys · grounded in primary & secondary sources — see below
A unit of time consisting of 365 days or twelve calendar months.
Congress passes a defense bill that funds the Army for twenty-six months. The President signs the bill into law. A member of Congress sues, claiming the appropriation violates the constitutional restriction that no appropriation for raising and supporting armies may extend beyond two years. The court holds the funding measure invalid because it exceeds the two-year ceiling.
Plaintiff hires her nineteen-year-old neighbor to serve the summons and complaint on the defendant. The neighbor is not a party to the suit. The defendant moves to quash service, arguing that only a marshal may serve process. The court denies the motion because the neighbor meets the age requirement and is not a party.
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In a civil contract dispute, the defendant seeks to introduce the plaintiff's prior conviction for a crime carrying a maximum sentence of eighteen months. The plaintiff objects that the conviction is too remote. The court admits the evidence because the offense was punishable by more than one year of imprisonment.
A lawyer closes a client matter and transfers the remaining funds. Five years and one month later, the former client requests the trust-account ledgers. The lawyer destroys the records after five years. The disciplinary board finds a violation because the rules require preservation of complete records for five years after termination of the representation.
Landlord grants Tenant a leasehold that begins on January 1 and ends exactly three years later on December 31. Tenant takes possession and pays rent monthly. When Landlord attempts to terminate early, Tenant defends on the ground that the interest created is an estate for years whose duration is fixed in multiples of a year and therefore not terminable at will.
On March 1, Employer orally promises Employee a bonus if Employee remains employed through the following March 15. Employee works the full period. When Employer refuses to pay, Employee sues. Employer raises the statute of frauds. The court holds the oral promise unenforceable because the contract could not be performed within one year from the date it was made.
The statute of frauds requires a writing for any contract that cannot be performed within one year from its making. An estate for years, by contrast, is a present possessory interest whose duration is fixed in units of a year or multiples thereof. The two doctrines address different legal relationships: one governs enforceability of promises, the other classifies property interests.
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Rule 609(a)(1) applies only when the crime was punishable by death or by imprisonment for more than one year. A maximum sentence of exactly one year therefore falls outside the rule's coverage for impeachment purposes.
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Model Rule 1.15(a) expressly requires complete records of client funds and other property to be preserved for five years after termination of the representation. The longer period reflects the need for an extended audit trail in fiduciary accounts.
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…to James Madison. The justices of the peace in the District of Columbia are judicial officers and hold their office for five years under an act of Congress passed 27 February 1801. They hold their offices independent of the will of the President. The appointment of such an officer is complete when the President has…