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 RSL Funding, LLC v. Alford , 239 Cal. App. 4th 741 - Cal: Court of Appeal, 4th Appellate Dist., 2nd Div. (2015) , 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, in Y-Not Project, Ltd. v. Fox Waterway Agency , 50 NE 3d 42 - Ill: Appellate Court, 2nd Dist. (2016) , explains that “the word ‘shall’ in a statute generally indicates a mandatory obligation , although courts sometimes interpret it as directory or permissive.”
- Openlands v. Dept. of Transp ., 127 NE 3d 40 - Ill: Appellate Court, 1st Dist., 3rd Div. (2018) , goes on to state 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 April of 2025 by the Wex Definitions Team ]
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