Meaning & use

operative term

noun·Advancedformal

Last updated

UK/ˈɒpərətɪv tɜːm/
US/ˈɑːpərətɪv tɜːrm/

Meanings

  1. nouncountableformal

    The word in a statement or rule that carries the main legal or practical effect.

    Grammar: Countable; often used with 'the' when the term is already known: 'The operative term is "reasonable."'

    Patterns

    • the operative term is ...
    • the operative term in something
    • the operative term of a rule

    In the contract, the operative term is 'within thirty days', not 'soon'.

    The judge said the operative term in the statute is 'knowingly', because it decides whether the act was a crime.

    When you read the policy, find the operative term that limits the company's duty.

  2. nouncountableformal

    The key word that explains the main point or condition in a discussion.

    Grammar: Countable; often used after 'the' in general discussion: 'The operative term here is trust.'

    Patterns

    • the operative term here
    • the operative term is ...
    • use something as the operative term

    In this debate, the operative term is 'fairness', because both sides define it differently.

    The teacher told us that in the essay question, the operative term is 'compare', so we must show similarities.

    For the committee, the operative term is 'affordable', and that is why the plan was rejected.

Word forms

pluraloperative terms

Common combinations

the operative term is
The operative term is 'immediately', so we must act now.
the operative term in a contract
The operative term in the contract is 'exclusive', which prevents us from hiring another firm.
identify the operative term
Before you sign, identify the operative term that could cost you money.
the operative term of the rule
The operative term of the rule is 'may', not 'must'.
treat something as the operative term
The court treated 'reasonable' as the operative term in the law.

Synonyms and how they differ

key term
More general and less formal; 'key term' can mean any important word, while 'operative term' specifically means the word that gives legal or practical effect.
operative word
Very close in meaning, but 'operative word' is more common in everyday speech and often used humorously: 'He said he was sorry—operative word, sorry.'
controlling term
Used mostly in legal contexts; it emphasizes that the term controls the meaning, while 'operative term' emphasizes that it makes the rule work.

Word family

operative adjective
Having effect or being in force, as in 'the operative clause'.
operate verb
To work or function, or to control a machine.
operation noun
The act of working or being in effect.

Commonly confused: operative term or operational term?

operative term vs operational term

'Operational term' means a word used in everyday work or military planning, not the word that gives legal effect. 'Operative term' is about meaning and effect; 'operational term' is about practical use.

Practice

In the sentence 'The operative term in the lease is "promptly," so the rent must be paid without delay,' what does 'operative term' mean?

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