Legal Definitions - May

In legal contexts, the word "may" signifies that an action is permissible, optional, or discretionary. It grants a choice to act or not to act, implying that the individual or entity involved has the freedom to decide. This stands in clear contrast to the word "shall," which typically imposes a mandatoryobligation, meaning an action must be taken.

While "may" is almost always interpreted as permissive, there are rare instances where, based on the clear and compelling intent of the law or agreement, it might be understood as mandatory. However, this is an exception rather than the general rule, which consistently treats "may" as granting discretion.

Here are some examples illustrating the use of "may" in legal settings:

• Example 1: Government Regulation

  A state environmental regulation states: "The Department of Natural Resources may issue permits for the controlled burning of agricultural waste, subject to local air quality conditions."

  Explanation: This means the Department has the discretion to issue permits. They are not legally obligated to issue them, nor are they prohibited from doing so. They have the option to decide whether or not to grant a permit based on their assessment of the air quality and other relevant factors.

• Example 2: Contractual Agreement

  A software licensing agreement includes a clause: "The licensee may terminate this agreement with 30 days' written notice if the software fails to meet the specified performance standards."

  Explanation: This clause gives the licensee the option to terminate the agreement under specific conditions. They are not required to terminate it, even if the software fails to perform. They have the choice to exercise this right, but they are not compelled to do so.

• Example 3: Court Procedure

  A rule of civil procedure states: "The court may impose sanctions on a party who fails to comply with a discovery order."

  Explanation: This indicates that the judge has the authority and discretion to impose sanctions, but is not legally required to do so. Even if a party fails to comply, the judge can choose whether or not to apply penalties, considering the circumstances of the non-compliance.