What is the legal test for making a mandatory or directory requirement?

California, United States of America


The following excerpt is from People v. Superior Court, 159 Cal.App.4th 301, 71 Cal.Rptr.3d 462 (Cal. App. 2008):

Cal.Rptr.3d 124, 164 P.3d 557.) There is no mechanical test for determining whether a provision should be given mandatory or directory effect and we must ascertain the legislative intent "`from the terms of the statute construed as a whole, from the nature and character of the act to be done, and from the consequences which would follow the doing or failure to do the particular act at the required time.'" (Id. at pp. 101-102, 64 Cal.Rptr.3d 124, 164 P.3d 557, quoting Pulcifer v. County of Alameda (1946) 29 Cal.2d 258, 262, 175 P.2d 1.)

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