Texas Municipal Court Clerk Practice Exam

Question: 1 / 400

What does the term "May" refer to regarding a judge's discretion?

It indicates mandatory action

It denotes permissible discretion

The term "May" in legal context refers to the concept of permissible discretion, indicating that the judge has the authority to decide whether or not to take a specific action. This term conveys that the judge has the option to act according to their judgment, but it is not obligatory to do so.

In contrast, other terms like "Shall" are often used to indicate mandatory actions that must be performed, leaving no room for discretion. Hence, "May" provides the flexibility for a judge to exercise their personal judgment regarding a case without imposing an absolute requirement to act. This understanding is crucial for grasping how judicial discretion operates within legal frameworks, particularly in municipal court settings.

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It signifies an absolute requirement

It suggests a recommendation only

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