At FindLaw.com, we are proud to be the leading source of free legal information and resources on the Internet. Contact us. Involuntary; forced; be enforced by judicial proceedings or by law. The FindLaw Legal Dictionary – free access to more than 8260 definitions of legal terms. Search for a definition or browse our legal glossaries. Some common uses of the term “mandatory” in the legal sense are: (adjective) – involuntary; forced; be enforced by judicial proceedings or by law. Binding Arbitration. This happens when the consent of one of the parties is enforced by law. Wood v.
Seattle, 23 Wash. 1, 62 Pac 135, 52 Lu R. A. 369. Involuntary non-action. See NON-PROSECUTION. Payment required. One is not voluntary, but through coercion, threats, the execution of judicial proceedings or the unscrupulous exploitation of another. Shaw vs. Woodcock, 7 Grange. A at age 73; Beckwith vs.
Frisbie, 32 Vt. 565: State vs. Nelson, 41 minn. 25, 42 N. W. 548 4 K R. A. 300; Lonenran v Buford, 148 U.S. 581,13 Sup. Ct. 684, 37 L.
Ed. 569 Mandatory trial. procedures to enforce the presence in court of a person who is wanted in the court as a witness or in any other manner; This includes not only the appropriate subpoena, but also, if necessary, an arrest warrant or seizure order. Powers vs. Com., 24 Ky. Law Rep. 1007, 70 p. W.
644: Graham v. Staat, 50 Ark. 161, 6 p. W. 721; State vs. Nathaniel, 52 La. Ann. 558, 26 South. 1008. Seizure or purchase.
A term sometimes used to characterize the transfer of ownership to ownership in the exercise of power over an important area. In re Barre Water Co., 62 Vt 27, 20 Ati. 109, 9LR.A. 195 Abogado.com The Spanish Legal Website No. 1 for Consumers FindLaw.com Free and reliable legal information for consumers and legal professionals (name) – In ecclesiastical proceedings, a mandatory injunction is a type of pleading aimed at forcing the presence of a witness to undergo questioning. Philllm. Ecc. Law, 1258. Are you a lawyer? Bryan Garner, a lawyer and editor of Black`s Law Dictionary, wrote: “In most legal instruments, the presumption of consistency violates.
That`s why shall is one of the most controversial words in the English language. We call “shall” and “shall not” words of obligation. “Must” is the only word that imposes a legal obligation on your readers to tell them that something is mandatory. Also, “can`t” are the only words you can use to say something is forbidden. Who says that and why? LawInfo.com Nationalwide Bar Directory and Legal Consumer Resources Until recently, law schools taught lawyers that “should” means “must.” That`s why many lawyers and executives think “should” means “must.” It`s not their fault. The Federal Simple Writing Act and the Federal Plain Language Guidelines were not published until 2010. And the fact is that while “shall” is the only clear and valid way to express “mandatory,” most parts of the Code of Federal Regulations (CFR) that govern federal departments still use the word “should” for this purpose. If you have any comments or questions about it, please contact: What should you say if someone says to you, “Will be a perfectly good word?” Always agree with them because they are right! But in your next breath, be sure to say, “Yes, it`s supposed to be a perfectly good word, but it`s not a perfectly good word of commitment.” Dr. Bruce V. CorsinoFAA Plain Language Program ManagerPhone: 202-493-4074E-mail: bruce.corsino@faa.gov Here are some of the reasons why these documents require us to use the word “must” when we mean “mandatory”: In terms of law, Mandatory is used to indicate that something is mandatory or mandatory. Copyright © 2022, Thomson Reuters. All rights reserved.
Over time, laws evolve to reflect new knowledge and standards. As long as this transition remains, the safe and informed choice “must” remains, not only because it clarifies the concept of obligation, but also because it does not contradict any case of “should” in the CFR. Currently, federal departments review their documents to replace all “homework” with “musts.” It`s a big effort. If you look at page A-2, section q of this order, it shows an example of how a typical federal order describes this passage from “should” to “shall.” Don`t go through this tedious process. If you think mandatory, write “must”. If you think it is forbidden, write “cannot”. SuperLawyers.com Directory of American Lawyers with the exclusive note Super Lawyers Powered by Black`s Law Dictionary, Free 2nd ed. and The Law Dictionary. Almost all jurisdictions concluded that the word “should” is confusing because it can also mean “may, will or must”. Legal reference works such as the Federal Rules of Civil Procedure no longer use the word “should.” Even the Supreme Court has ruled that if the word “should” appears in legislation, it means “may.” Source: Merriam-Webster`s Dictionary of Law ©1996. Merriam-Webster, Incorporated. Published under license by Merriam-Webster, Incorporated.
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