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Miscellaneous
: the (new) legal writer?Shall? means ?shall.? Unless it means ?may.? And vice versa.
From Comcoa, Inc. v. Coe, 587 So. 2d 474, 477 (Fla. App 3 Dist. 1991):
Of primary importance in this determination is the conclusion that, in a statute such as this one, the term ?may,? which indeed ordinarily implies the exercise of choice or discretion, simply does not do so, and must, in contrast, be given a definition equivalent to the mandatory ?shall.? It is well-settled that, according to the context and surrounding circumstances, a statutory ?shall? is to be read as ?may? and vice versa.
Hat tip to West?s headnote du jour.
Full post as published by the (new) legal writer on April 21, 2010 (boomark / email).

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