NJSBA Family Law Section

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  • 1.  Should vs. Shall vs. Must

    Posted 11-10-2015 08:52 AM

    Thought this little practice tip might come in handy.

    In reading statutory or case law, focus some careful attention to the use of words like "should," "shall" and "must."

    The words “should” and “must” are modal auxiliary verbs or simply modals. They provide information about the function of the main verb following it. Both “should” and “must” are similar in meaning except that “must” is a much stronger word as compared to “should.”

    “Should” is the past tense of “shall.”  “Should” is used to denote recommendations, advice, or to talk about what is generally right or wrong within the permissible limits of society.

    “Must” is used to talk about an obligation or a necessity. It is used when people are compelled to do something.

    Try re-reading a case like Kinsella with this in mind, and you'll see what I mean. Have fun!

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    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Metuchen NJ
    (732)603-8585
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