shall
Shall is an imperative command, usually indicating that certain actions are mandatory , and not permissive. This contrasts with the word “ may ,” which is generally used to indicate a permissive provision, ordinarily implying some degree of discretion .
Some common uses of the term “shall” in a legal sense include:
- In the context of statutes, cases such as this one from California , explain that “settled principles of statutory construction direct that courts ordinarily construe the word ‘may’ as permissive and the word ‘shall’ as mandatory, particularly when a single statute uses both terms.”
- Similarly, this case from Illinois , explains that “the word ‘shall’ in a statute generally indicates a mandatory obligation , although courts sometimes interpret it as directory or permissive.”
- This case from Illinois , goes on to explain that “when used in a statute, the term ‘shall’ does not have a fixed or inflexible meaning and may be given a permissive or directory interpretation depending on the legislative intent. If a statutory provision using the term ‘shall’ merely directs a manner of conduct to guide officials or is designed to secure order, system, and dispatch in proceedings, it is generally “directory.”
Compare: may
[Last reviewed in August of 2021 by the Wex Definitions Team ]
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