Legal Definitions - May

The word “may” is used to express possibility and give permission to act or not. It usually implies some degree of discretion. This is different from the word “shall,” which is typically used to indicate a mandatory provision.

For example, in the context of statutes, the word “may” is generally interpreted as permissive, while “shall” is interpreted as mandatory. However, in some cases, the word “may” can be interpreted as mandatory depending on the context in which it is used.

Here are some common uses of the word “may” in a legal sense:

• In statutes, the word “may” is usually interpreted as permissive. For instance, a statute may state that a person “may” do something, which means they have the option to do it or not.
• In contracts, the word “may” means possibility, permission, liberty, or power. It does not indicate a mandatory requirement. For example, a contract may state that a party “may” terminate the agreement, which means they have the option to do so.

Overall, the word “may” is used to give permission and express possibility, but it is important to consider the context in which it is used to determine whether it is permissive or mandatory.