In legal language, “may” typically denotes a permissive or discretionary action rather than a mandatory one. When used in statutes, contracts, or legal documents, “may” grants authority or permission to take a particular course of action, but it does not impose an obligation or requirement to do so. It indicates that the action is optional or voluntary, allowing the individual or entity to exercise their discretion in deciding whether or not to proceed. The use of “may” provides flexibility and discretion to parties involved, allowing them to make choices or decisions based on their judgement or circumstances. However, it is important to carefully interpret the context in which “may” is used, as its meaning may vary depending on the specific language and intent of the legal provision in question.
- v. a choice to act or not, or a promise of a possibility, as distinguished from "shall," which makes it imperative.
- in statutes, and sometimes in contracts, the word "may" must be read in context to determine if it means an act is optional or mandatory, for it may be an imperative. The same careful analysis must be made of the word "shall." Non-lawyers tend to see the word "may" and think they have a choice or are excused from complying with some statutory provision or regulation.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March, 2024.
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