Legal Definitions - operative

Operative, adj.

1. Being in effect or having force; especially, referring to the part of a legal document that makes the transaction valid. For example, "The operative clause in the contract stated that the payment must be made within 30 days."
2. Having primary importance; crucial to the meaning of the whole. For instance, "In this context, the word 'freedom' is the operative term."

The term "operative" is used to describe something that is currently in effect or has a significant impact on a situation. In the legal context, the operative clause is the part of a contract that makes it legally binding. This means that without the operative clause, the contract would not be valid. In the second definition, "operative" refers to something that is essential to understanding the entire situation. For example, if someone says "may" is the operative word in a statute, they mean that the word "may" is crucial to understanding the meaning of the law. Overall, the term "operative" is used to describe something that is important and has a significant impact on a situation.