Person Defined

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Notice: Not meant to be exhaustive.

Homo vocabulum est naturae; persona juris civilis. Man (homo) is a term of nature; person (persona) of civil law. Calvin (from Black's Law Dictionary, Second Edition (1910), page 577.)

Homo vocabulum est naturae; persona juris civilis-Man is a term of nature; person of civil law. Bouvier's Law Dictionary (1914), "Maxim," p. 2136.

American Law and Procedure, Vol. 13, page 137, 1910:
"This word 'person' and its scope and bearing in the law, involving, as it does, legal fictions and also apparently [IN APPEARANCE ONLY] natural beings, it is difficult to understand; but it is absolutely necessary to grasp, at whatever cost, a true and proper understanding to the word in all the phases of its proper use. A person is here not a physical or individual person, but the status or condition with which he is invested. Not an individual or physical person, but the status, condition or character borne by physical persons. The law of persons is the law of status or condition."

As found in Black's Law Dictionary, Sixth Edition, page 1142
Person. In general usage, a human being (i.e. natural person), thoough by statute term may include labor organizations, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers. See e.g. National labor Relations Act, § 2(1), 29 U.S.C.A. § 152; Uniform Partnership Act, § 2.

Scope and delineation of term is necessary for determining those to whom Fourteenth Amendment of the national Constitution affords protection since this Amendment expressly applies to "person."


The word "person" in legal terminology is perceived as a general word which normally includes in its scope a variety of entities other than human beings. Church of Scientology v. U.S. Dept. of Justice, 612 F.2d 417, 425 (1979)


United States Code
TITLE 15 - COMMERCE AND TRADE
CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE § 7.
"Person" or "persons" defined
The word "person", or "persons", wherever used in sections 1 to 7 of this title shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country. (Emphasis added.)

United States Code
TITLE 15 - COMMERCE AND TRADE
CHAPTER 1 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE § 12. Definitions; short title
(a) The word "person" or "persons" wherever used in this Act shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country. (Emphasis added.)

[Ed. Note: Reader advised to discover legal meaning of "shall" and "include". Reader is asked,
Do you see the word "man" or "woman" in these code items?
Perhaps they are not "included" or "applicable"?]


CHAPTER 311. CODE CONSTRUCTION ACT (TEXAS)
§ 311.005. GENERAL DEFINITIONS. The following definitions apply unless the statute or context in which the word or phrase is used requires a different definition:
(2) "Person" includes corporation, organization, government or governmental subdivision or agency,
       business trust, estate, trust, partnership, association, and any other legal entity.
[Ed. Note: Reader advised to discover legal meaning of "includes".]

Texas Code of Criminal Procedure
CHAPTER 17A. CORPORATIONS AND ASSOCIATIONS

Art. 17A.01. APPLICATION AND DEFINITIONS.
This chapter sets out some of the procedural rules applicable to the criminal responsibility of corporations and associations. Where not in conflict with this chapter, the other chapters of this code apply to corporations and associations.
In this code, unless the context requires a different definition:
(1) "Agent" means a director, officer, employee, or other person authorized to act in behalf of a
        corporation or association.

(2) "Association" means a government or governmental subdivision or agency, trust, partnership, or
        two or more persons having a joint or common economic interest.

(3) "High managerial agent" means:
        an officer of a corporation or association;
        a partner in a partnership; or
        an agent of a corporation or association who has duties of such responsibility that his conduct
        may reasonably be assumed to represent the policy of the corporation or association.

(4) "Person," "he," and "him" include corporation and association.
Added by Acts 1973, 63rd Leg., p. 979, ch. 399, Sec. 2(D), eff. Jan. 1, 1974. (Emphasis added.)

Art. 17A.02. ALLEGATION OF NAME.
In alleging the name of a defendant corporation, it is sufficient to state in the complaint, indictment, or information the corporate name, or to state any name or designation by which the corporation is known or may be identified. It is not necessary to allege that the defendant was lawfully incorporated. (Emphasis added.)

In alleging the name of a defendant association it is sufficient to state in the complaint, indictment, or information the association's name, or to state any name or designation by which the association is known or may be identified, or to state the name or names of one or more members of the association, referring to the unnamed members as "others." It is not necessary to allege the legal form of the association. Added by Acts 1973, 63rd Leg., p. 979, ch. 399, Sec. 2(D), eff. Jan. 1, 1974.


The Texas Penal Code clearly is law to be administered and enforced against a person(s) i.e. Texas Government Code section 311.005(2); CCP Art 17A.01(4). However, the Penal Code fails to include the term "Sovereign." Numerous courts have held that statutes must be specific and that for a Sovereign to be bound by statute, the Sovereign must be specifically named. And without a doubt a sui juris man / woman is a Sovereign. [Ed. Note: Reader is advised to get to known sui furls.]

By way of example, the Michigan Supreme Court and the United States Supreme Court concurred and made it perfectly clear that the term "person" does not include the "Sovereign" and that for a Sovereign to be bound by statute the Sovereign must be "specifically named." Will v. Michigan state Police, 105 L.Ed. 2nd 45 (1938) "Since in common usage, the term "person" does not include the Sovereign. Statutes employing the phrase are ordinarily construed to exclude it." United States v. Fox, 94 US 315.


Texas Rules of Civil Procedure - RULE 52. ALLEGING A CORPORATION

An allegation that a corporation is incorporated shall be taken as true, unless denied by the affidavit of the adverse party, his agent or attorney, whether such corporation is a public or private corporation and however created.

2010 Florida Statutes

F.S. 760.02Definitions.
(6)“Person” includes an individual, association, corporation, joint apprenticeship committee, joint-stock
      company, labor union, legal representative, mutual company, partnership, receiver, trust, trustee in
      bankruptcy, or unincorporated organization; any other legal or commercial entity; the state; or any
      governmental entity or agency.

To assist the reader in gaining a fuller comprehension of this matter - one is asked,
"What is that you see when standing before a mirror?"

For historical research and discussion on the rise of corporate dominance and the theft of
human rights see
Unequal Protection, by Thom Hartman, 2002, ISBN: 1-57954-955-1


Notes on PERSON

THE STATE OF TEXAS Get to know THE STATE OF TEXAS

NAME It's all in the  NAME

capitalized name ANSWER TO THE ENIGMA of a  capitalized name

Meet Your Strawman!

Freedom - The NAME Game


TITLE 22 > CHAPTER 21 > SUBCHAPTER II > § 1631

-HEAD-

    Sec. 1631. Definitions

-STATUTE-

      As used in this subchapter the term -

        (1) 'Person' means a natural person, partnership, association,
            other unincorporated body, corporation, or body politic.

        (2) 'Property' means any property, right, or interest.

        (3) 'Treaty of peace', with respect to a country, means the
             treaty of peace with that country signed at Paris, France,
             February 10, 1947, which came into force between that country and
             the United States on September 15, 1947.




TITLE 22> CHAPTER 21 > SUBCHAPTER III > § 1641

-HEAD-

   Sec. 1641. Definitions

-STATUTE-

     As used in this subchapter the term -

       (1) 'Person' means a natural person, partnership, association,
            other unincorporated body, corporation, or body politic.

       (2) 'National of the United States' means (A) a natural person
            who is a citizen of the United States, or who owes permanent
            allegiance to the United States, and (B) a corporation or other
            legal entity which is organized under the laws of the United
            States, any State or Territory thereof, or the District of
            Columbia, if natural persons who are nationals of the United
            States own, directly or indirectly, more than 50 per centum of
            the outstanding capital stock or other beneficial interest in
            such legal entity. It does not include aliens.


The word "inhabitant" has several meanings in law depending upon on the context. (footnote omitted) In some contexts it is equated with citizenship, (citations omitted); in other contexts, specifically that of the federal civil rights acts passed during the Reconstruction, (footnote omitted) "inhabitant" has been held not to mean "citizen." Baldwin v. Franks, 120 U.S. 678, 690-692, 75 S.Ct. 656, 32 L.Ed. 766 (1887) .... (italics in original)

After comprehensive analysis of the intent of Congress which drafted this legislation, (footnote omitted), this court holds that the word "inhabitant" describes any person who is within the jurisdiction of the United States.

Upon introducing the provisions which eventually became 18 U.S.C. 242, its sponsor, Senator Stewart, explicitly stated that the bill protects all "persons." (footnote omitted) He noted that the bill "simply extends to foreigners, not citizens, the protection of our laws." (footnote omitted) (emphasis added)

He added:
This bill extends the equal protection of the laws to aliens, so that all persons who are in the United States shall have the equal protection of our laws. It extends the operations of the civil rights bill . . . to all persons within the jurisdiction of the United States. (italics in original)
United States v. Otherson, 480 F.Supp. 1369, 1370-1373 (1979)

"The only absolute and unqualified right of a United States citizen [a.k.a. person] is to residence within the territorial boundaries of the United States," US vs. Valentine 288 F. Supp. 957


Plainly spoken, RIGHTS considered to be grants from our creator are clearly different from the ´civil rights´ that were/are granted by Congress to its own brand of franchised citizen in the 14th Amendment. See and study this chart.


CITE: 18 USC Sec. 911
EXPCITE: TITLE 18 - CRIMES AND CRIMINAL PROCEDURE, PART I - CRIMES, CHAPTER 43 - FALSE PERSONATION
HEAD: Sec. 911. Citizen of the United States
STATUTE: Whoever falsely and willfully represents himself to be a citizen of the United States shall be fined under this title or imprisoned not more than three years, or both.



See, juridical persons
Entity (such as a firm) other than a natural person (human being) created by law and recognized as a legal entity having distinct identity, legal personality, and duties and rights. Also called artificial person, juridical entity, juristic person, or legal person. See also body corporate.
See, Legal personality
See, The Code of Canon Law (1983), TITLE VI: PHYSICAL AND JURIDICAL PERSONS
See, INTER-AMERICAN CONVENTION ON PERSONALITY AND CAPACITY OF JURIDICAL PERSONS IN PRIVATE INTERNATIONAL LAW



Legal writing words of art to be aware of:

Includes - style of legal writing follows the doctrine of inclusio unius est exclusio alterius
The inclusion of one is the exclusion of another. The certain designation of one person is an absolute exclusion of all others. This doctrine decrees that where law expressly describes particular situation to which it shall apply, an irrefutable inference must be drawn that what is omitted or excluded was intended to be omitted or excluded. As found in Black´s Law Dictionary, Sixth Edition, page 763.


The certain designation of one person is an absolute exclusion of all others. 11 Coke 58b.


Expressio Unius Est Exclusio Alterius
Latin: the expression of one thing is the exclusion of the other.
As found in A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published in the year 1856


"[I]n interpreting a statute a court should always turn to one cardinal canon before all others. . . .[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says there." Connecticut Nat´l Bank v. Germain, 112 S. Ct. 1146, 1149 (1992). Indeed, "when the words of a statute are unambiguous, then, this first canon is also the last: ´judicial inquiry is complete.´" 503 U.S. 249, 254.


"Expressio unius est exclusio alterius. A maxim of statutory interpretation meaning that the expression of one thing is the exclusion of another. Burgin v. Forbes, 293 Ky. 456, 169 S.W.2d 321, 325; Newblock v. Bowles, 170 Okl. 487, 40 P.2d 1097, 1100. Mention of one thing implies exclusion of another. When certain persons or things are specified in a law, contract, or will, an intention to exclude all others from its operation may be inferred. Under this maxim, if statute specifies one exception to a general rule or assumes to specify the effects of a certain provision, other exceptions or effects are excluded."
As found in Black´s Law Dictionary, Sixth Edition, p. 581

Includes  Includes

Expressio Unius  Expressio Unius Est Exclusio Alterius

PERSON PERSON

The Temples of Baal


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