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"Person"
Definition in Blacks 5th Ed
From: DMN correspondent Billy-Joe Mauldin
This is the definition in Blacks 5th Ed (Abridged) pp. 595.
Not exactly what you thought it was, is it??
Person. In general usage, a human being (i.e. natural person), though by statute term may
include a firm, labor organizations, partnerships, associations, corporations, legal
representatives, trustees, trustees in bankruptcy, or receivers. National Labor Relations
Act, Sect. 2(1).
Bankruptcy Act. "Person" includes individual, partnership, and corporation, but
not governmental unit. Sec. 101(30)
Commercial law. An individual or organization. U.C.C. Sec. 1-201(30)
Corporation. A corporation is a "person" within meaning of equal protection and
due process provisions of United States Constitution. The term "persons" in
statute relating to conspiracy to commit an offense against United States, or to defraud
United States, or any agency, includes corporation.
Illegitimate child. Illegitimate children are "persons" within the meaning of
the Equal Protection Clause of the Fourteenth Amendment, and scope of wrongful death
statute.
Municipalities. Municipalities and other government units are "persons" within
meaning of 42 U.S.C.A. Sec. 1983. Local government officials sued in their official
capacities are "persons" for the purposes of Section 1983 in those cases in
which a local government would be suable in its own name. See Color of law.
Unborn child. Word "person" as used in the Fourteenth Amendment does not include
the unborn. Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 729, 35 L.Ed.2d 147. A fetus is not a
"person" and is not entitled to protection under the equal protection clause.
A viable unborn child, which would have been born alive but for the negligence of
defendant is a "person" within meaning of Wrongful Death Statute. Unborn child
is a "person" for purpose of remedies given for personal injuries, and child may
sue after his birth.
According to 26 USC 7701.
(1) Person
The term ''person'' shall be construed to mean and include an individual, a trust, estate,
partnership, association, company or corporation.
Billy-Joe..Mauldin
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