Legal Definitions - permissive

In a legal context, permissive describes an action, condition, or rule that is allowed or optional, rather than strictly required or prohibited. It grants discretion or permission without imposing an obligation.

• Example 1: Court Procedure

  A jurisdiction's rules of civil procedure state that a party may request a jury trial, but is not obligated to do so. If neither party requests one, the case will proceed as a bench trial (decided by a judge).

  Explanation: This illustrates "permissive" because requesting a jury trial is an available option, not a requirement. The parties have the discretion to choose whether or not to exercise this right.

• Example 2: Contractual Agreement

  A software licensing agreement includes a clause stating that the licensee may develop custom plugins for the software, provided these plugins are for internal use only and not distributed externally.

  Explanation: Here, "permissive" means the agreement allows the licensee to create custom plugins, but it doesn't compel them to do so. It's an optional activity that is explicitly permitted under certain conditions.

• Example 3: Regulatory Framework

  A new environmental regulation specifies that industrial facilities may install advanced filtration systems to reduce emissions beyond the minimum required standards, and those that do will receive tax incentives.

  Explanation: The installation of advanced filtration systems is permissive because it is an allowed, optional action that goes beyond the basic compliance. Facilities are not required to install them, but they are permitted and incentivized to do so.