Definition

Anyone have the legal definition of "shall".

Thank you

Shall [from Black's 4th]:

"As used in statutes, contracts, or the like, this word is generally imperative or mandatory.

BUT IT MAY be construed as merely permissive or directory, (as equivalent to "may,") to carry out the legislative intention and in cases where no right or benefit to any one depends on its being taken in the imperative sense, and where no public or private right is impaired by its interpretation in the other sense.

Although the word usually denotes an obligation, it also implies an element of futurity."
[Emphasis in all-caps mine]

If, by the way, this inconsistency frustrates you, go to page 5 on the citizenship/jurisdiction cites thread and read my response to "Does it matter what they say?".

Sincerely,
truth

Thank you for the response.

As a matter of fact the word is used in "The person preparing a report...shall maintain, for at least 3 years, copies of all examination reports, ..."


How would you say it's used in this sense?

Greetings Mike,

What administrative agency are you dealing with, or maybe I should ask more precisely, what is this phraseology from, or in reference to?

The reason I ask is because it matters whether it's purpose is designed to carry out a legislative intention where no right or benefit depends on its being taken in the mandatory sense, and where no public or private right is impaired by its interpretation in the other sense.

It would make a difference if the word is being imposed upon a public official, directing them to do some specific act, as opposed to an everyday citizen. As far as citizens, "voluntary compliance" is a preferred expression that is not widely publicized.

If you want my private opinion, the whole damn thing is voluntary, regardless of their deceptive legalese. But, such an assertion would have little merit in their administrative courts.

Sincerely,
truth

[Jerseee]

Yup.

ponder this: "shall" v. "must"