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I feel like I'm in a constant state of 'motion to compel' more sleep.
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Legal Definitions - directory requirement
A 'reasonable person' is a legal fiction I'm pretty sure I've never met.
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Definition of directory requirement
A directory requirement is a type of instruction that is recommended but not mandatory. It is often introduced by the word "should" or "shall" (which is usually a mandatory word).
- Employees should attend the training session on Friday.
- Contractors shall submit their proposals by the deadline.
In the first example, attending the training session is advisable but not required. In the second example, submitting proposals by the deadline is recommended, but there may be some flexibility.
Directory requirements are often used in contracts or legal agreements to provide guidance on how parties should behave, without imposing strict obligations.
Success in law school is 10% intelligence and 90% persistence.
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Simple Definition
A directory requirement is a suggestion or recommendation to do something, but it is not required. It is different from a mandatory requirement, which is something that must be done. The word "should" is often used to introduce a directory requirement, while "shall" is usually used for mandatory requirements.
A good lawyer knows the law; a great lawyer knows the judge.
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