AUXILIARY VERBS

Rules on the Use of Auxiliary Verbs

• SHOULD
Rule: Should implies that some action was
preferable but was not in fact taken. It can be
used for suggesting a breach of contract.
Example: The defendant should have indicated
in paragraph six of the contract that…
• COULD
• RULE: “Could” implies the capacity to do
something, but suggests that the action will
not or has not been done.
• EXAMPLE: The defendant could have used the
hand brakes.
• WOULD
• RULE: “Would” implies that an action would
have been taken had conditions been
different.
• EXAMPLE: The defendant would have used the
hand brakes had he not been rushing to assist
the people in the other car.
• CAN
• RULE: “Can” implies capacity to do something,
although the action has not yet been taken.
• EXAMPLE: When appreciating the evidence,
the judge can take into account the witness’s
apparent expertise and the clarity of the
witness’s memory of the event.
• MIGHT
• Rule: Use might to imply possibility. Often, it
suggests “if facts were taken otherwise.”
• Example: The City Prosecutor might dismiss
the case.
• MAY
• RULE: Use “may” to imply permission to do
something.
• EXAMPLE: If the bidder plays to comply with
the submission of a bond, he may be declared
ineligible for further government contracts.
• RULE: “May” also implies the possibility of
something happening.
• EXAMPLE: The NBI may subpoena you.
• MUST
• RULE: “Must” implies a requirement to do
something or to refrain from doing something.
• EXAMPLE: The lawyer must not in any manner,
talk with the other party without first obtaining
permission from his client.
• The word “must” connotes an imperative act or
operates to impose a duty which may be
enforced.
• It is synonymous with “ought” which connotes
compulsion or mandatoriness.
• SHALL
• RULE: “Shall” can imply a requirement but in
general, it also implies the future tense.
• EXAMPLES: All petitioners shall file…
The movie “Titanic” shall premiere in June.
“Shall” can be ambiguous to non-legal readers.
Whenever ambiguity is possible, use “must” for
requirements and “will” for future tense.