Legal Definitions - can

In legal contexts, the word "can" is used to convey two distinct meanings:

• 1. To possess the capability or capacity to do something.

  This refers to the inherent ability, power, or potential to perform an action or achieve an outcome.

  • Example 1: A small business owner might ask their attorney, "Can my company afford to defend itself against this lawsuit?"

    Explanation: Here, "can" refers to the company's financial capability or resources to cover the legal costs associated with a defense.

  • Example 2: During a criminal investigation, a detective might question whether a suspect "can physically access" the crime scene based on their known whereabouts and physical limitations.

    Explanation: This usage of "can" relates to the suspect's physical ability and opportunity to be present at the location in question.

• 2. To be legally permitted or authorized to do something; often interpreted by courts as "may."

  This meaning denotes having the right, permission, or legal entitlement to take a particular action, often contingent on meeting certain conditions or following specific procedures.

  • Example 1: A tenant might inquire, "Can I install a satellite dish on the exterior of my rented apartment building?"

    Explanation: In this scenario, "can" asks whether the tenant has the landlord's permission or a legal right under their lease agreement or local ordinances to make such an alteration.

  • Example 2: A new law might state, "A municipality can levy a special tax for infrastructure improvements if approved by a majority of voters."

    Explanation: Here, "can" signifies that the municipality is legally authorized to impose the tax, but only after fulfilling the specified condition of voter approval.

  • Example 3: A judge might rule, "The plaintiff can introduce this new evidence, provided it was disclosed to the defense within the discovery period."

    Explanation: This indicates that the plaintiff is granted permission or the legal right to present the evidence, contingent upon having met the procedural requirement of prior disclosure.