Written by attorneys · grounded in primary & secondary sources — see below
An auxiliary verb that imposes a mandatory duty or requirement.
Sources & Authorities· 40 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Limited Consent Bars Force
Sophia Singh invited Sean Steele into her home for a scheduled 2 p.m. meeting. When Steele arrived at 3 p.m. and forced the locked door after she refused entry, the court treated the entry as a trespassory breaking. The limited consent did not authorize force at other times.
Risk Passes at Contract
Summit Bank contracted to buy land from Sterling Manufacturing. Before closing a fire destroyed the building. The court held that risk of loss had passed to the bank at contract formation, so the bank remained obligated to pay the full price.
Jury Right Attaches
Seth Shapiro sued Sterling Dynamics for $50,000 in damages. The court preserved his right to a jury trial because the suit was at common law and the amount in controversy exceeded twenty dollars.
Sarah Sullivan notified Spectrum Financial that suit had been filed and requested waiver of service. The company had a duty to avoid unnecessary service expenses and therefore complied with the request.
Judicial Notice Required
Sofia Stern requested judicial notice of a readily verifiable fact and supplied the court with the necessary information. The court was required to take notice of the fact.
Public Statement Prohibited
Skylar Sullivan, a sitting judge, made a public statement about an impending case that could reasonably affect its outcome. The statement violated the prohibition on comments that impair fairness.
Common questions
Frequently Asked
3
What is the primary legal meaning of shall?+
Shall imposes a mandatory duty or requirement on the subject of the sentence.
Supporting sources
Does shall ever mean may in legal drafting?+
When a negative word such as not precedes shall, the word often means may because what is being negated is permission rather than a requirement.
Supporting sources
How do courts interpret shall when it appears in a statute?+
Courts typically uphold the mandatory sense that drafters intend, treating shall as creating a duty rather than a mere direction or future tense.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…and for the non-performance of which he is not more responsible to the President than to any other citizen. It provides that he shall receive from the President all bills, orders, resolutions and votes of the Senate and House which have been approved and signed, cause them to be published and distributed, carefully…
TortsIntentional torts · Harms to the person and property interests (assault, battery, false imprisonment, infliction of mental distress, trespass to land and chattels, conversion)UBEFoundational