shall

shall
Providing generally, but not always, a mandate, where appearing in a constitutional provision. 16 Am J2d Const L § 92. Ordinarily, a word of mandate, the equivalent of "must," where appearing in a statute. Stanfield v Willoughby (Ky) 286 SW2d 908, 53 ALR2d 925; State ex rel. McKittrick v Wymore, 343 Mo 98, 119 SW2d 941, 119 ALR 710; Saba v Homeland Ins. Co. 159 Ohio St 237, 112 NE2d 1, 44 ALR2d 841. Construed as "must" in a statute providing for increased punishment for a subsequent offender. People v Gowasky, 244 NY 451, 155 NE 737, 58 ALR 9. Sometimes meaning "may," as where used in a statute providing that when property owners petition for the improvement of a street, the municipal authorities "shall" cause the work to be done. Rockwell v Junction City, 92 Kan 513, 141 P 299. The word "shall" may be held to be merely directory when no advantage is lost, when no right is destroyed, when no benefit is sacrificed, either to the public or to any individual, by giving it that construction. Montgomery v Henry, 144 Ala 629, 39 So 507.

Ballentine's law dictionary. . 1998.

Игры ⚽ Нужен реферат?

Look at other dictionaries:

  • Shall — Shall, v. i. & auxiliary. [imp. {Should}.] [OE. shal, schal, imp. sholde, scholde, AS. scal, sceal, I am obliged, imp. scolde, sceolde, inf. sculan; akin to OS. skulan, pres. skal, imp. skolda, D. zullen, pres. zal, imp. zoude, zou, OHG. solan,… …   The Collaborative International Dictionary of English

  • shall — [ ʃəl, strong ʃæl ] modal verb *** Shall is usually followed by an infinitive without to : I shall explain everything later. Sometimes it is used without a following infinitive: I have never visited Africa and probably never shall. Shall does not …   Usage of the words and phrases in modern English

  • shall — verb as required will, by compulsion will, by imperative will, mandatorily will, obligatorily will associated concepts: shall be lawful, shall be legal, shall become, shall give, shall have, shall not, shall perform, shall work Burton s Legal… …   Law dictionary

  • shall — W1S3 [ʃəl strong ʃæl] modal v negative short form shan t [: Old English; Origin: sceal] 1.) shall I/we...? spoken used to make a suggestion, or ask a question that you want the other person to decide about ▪ Shall I open the window? ▪ Shall we… …   Dictionary of contemporary English

  • shall — [shal] v.aux. pt.should [ME schal, pl. schullen < OE sceal, inf. sceolan, akin to Ger sollen < IE base * (s)kel , to be indebted > Lith skeliù, to owe] 1. used in the first person to indicate simple future time [I shall probably go… …   English World dictionary

  • shall — ► MODAL VERB (3rd sing. present shall) 1) (in the first person) expressing the future tense. 2) expressing a strong assertion or intention. 3) expressing an instruction or command. 4) used in questions indicating offers or suggestions. USAGE… …   English terms dictionary

  • shall — (v.) O.E. sceal I owe/he owes, will have to, ought to, must (infinitive sculan, pt. sceolde), a common Germanic preterite present verb, from P.Gmc. *skal , *skul (Cf. O.S. sculan, O.N., Swed. skola, M.Du. sullen, O.H.G. solan, Ger. sollen, Goth.… …   Etymology dictionary

  • shall — [[t]ʃəl, STRONG ʃæl[/t]] ♦♦ (Shall is a modal verb. It is used with the base form of a verb.) 1) MODAL You use shall with I and we in questions in order to make offers or suggestions, or to ask for advice. Shall I get the keys?... I bought some… …   English dictionary

  • shall */*/*/ — strong UK [ʃæl] / US weak UK [ʃəl] / US modal verb Summary: Shall is usually followed by an infinitive without to : I shall explain everything later. Sometimes it is used without a following infinitive: I have never visited America and probably… …   English dictionary

  • shall — /shal/; unstressed /sheuhl/, auxiliary v., pres. sing. 1st pers. shall, 2nd shall or (Archaic) shalt, 3rd shall, pres. pl. shall; past sing. 1st pers. should, 2nd …   Universalium

  • shall */*/*/ — weak [ʃəl] , strong [ʃæl] modal verb summary: ■ Shall is usually followed by an infinitive without ‘to : I shall explain everything later. Sometimes it is used without a following infinitive: I have never visited America and probably never shall …   Dictionary for writing and speaking English

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”