Legal Definitions as Defined by Blacks Law 4th Edition
There are way to many words to do this in one article, so I will break it up into as many as needed, to get those words I think are important for all to have the legal definition of. Lets start with some of the more common words.
MAN. A human being. A person of the male sex. A male of the human species above the age of puberty.
In its most extended sense the term includes not only the adult male sex of the human species,
but women and children. In feudal law, a vassal; a tenant or feudatory. The Anglo-Saxon relation of lord and man was originally purely personal, and founded on mutual contract. 1 Spence, Ch. 37. (MEN) Is not defined in Blacks Law 4th Edition.
MALE. Of the masculine sex; of the sex that begets young.
WOMEN. All the females of the human species. All such females who have arrived at the age of puberty. Dig. 50, 16, 13. (WOMAN) Not Defined in Blacks Law 4th Edition
FEMALE. The sex which conceives and gives birth to young. Also a member of such sex. The term is generic, but may have the specific meaning of “woman,” if so indicated by the context.
State v. Hemm, 82 Iowa, 609, 48 N.W. 971; State
v. Phillips, 26 N.D. 206, 144 N.W. 94, 95, 49 L.R.A.,
N.S., 470, Ann.Cas.1916A, 320
CITIZEN. A member of a free city or jural society, (civitas,) possessing all the rights and privileges which can be enjoyed by any person under its constitution and government, and subject to the corresponding duties. “Citizens” are members of community inspired to common goal, who, in associated relations, submit themselves to rules of conduct for the promotion of general welfare and conservation of individual as well as collective rights. In re McIntosh, D.C.Wash., 12 F. Supp. 177.
In American Law
One who, under the constitution and laws of the United States, or of a particular state, is a member of the political community, owing allegiance and being entitled to the enjoyment of full civil rights. Amy v. Smith, 1 Litt. (Ky.) 331; Minor v. Happersett, 21 Wall. 162, 22 L.Ed. 627. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. Amend. XIV, Const.U.S.; Nyman v. Erickson, 100 Wash. 149, 170 P. 546, 547. A state cannot be a citizen. Query v. 206 Cases of Assorted Liquor, D.C.S.C., 49 F.Supp. 693, 695. But a state and the federal government each has citizens of its own, and the same person may be at the same time
a citizen of the United States and a citizen of a state. The government of the United States can neither grant nor secure to its citizens rights or privileges which are not expressly or by implication placed under its jurisdiction. All that cannot be so granted or secured are left to the exclusive protection of the states. U. S. v. Cruikshank, 92 U.S. 542, 23 L.Ed. 588. A corporation is a citizen of the state where it is organized,
and a foreign corporation does not become a citizen of another state where it is authorized to carry on business, Van Buren v. Connecticut Gen. Life Ins. Co., D.C.Mass., 42 F.Supp. 279, 280; A municipal subdivision, such as county, city, town, or school district, is a citizen, Siegel v. City of Detroit, Department of Street Railways, D.C.Mich., 52 F.Supp. 669; Pettibone v. Cook County, Minn., C.C.A. Minn., 120 F.2d 850, 852.
SUBJECT. Constitutional Law; One that owes allegiance to a sovereign and is governed by his laws. The natives of Great Britain are subjects of the British government. Men in free governments are subjects as well as citizens; as citizens they enjoy rights and franchises; as subjects they are bound to obey the laws. Webster. The term is little used, in this sense, in countries enjoying a republican form of
government. The Pizarro, 2 Wheat. 245, 4 L.Ed. 226; Swiss Nat. Ins. Co. v. Miller, 267 U.S. 42, 45
S.Ct. 213, 214, 69 L.Ed. 504.
CONSTITUENT. He who gives authority to an- other to act for him. The term is used as a correlative to “attorney,” to denote one who constitutes another his agent or invests the other with authority to act for him. Kunz v. Lowden, C.C.A.Kan., 124 F.2d 911, 913. It is also used in the language of politics, as a correlative to “representative,” the constituents of a legislator being those whom he represents
and whose interests he is to care for in public affairs; usually the electors of his district.
INDIVIDUAL. As a noun, this term denotes a single person as distinguished from a group or
class, and also, very commonly, a private or natural person as distinguished from a partnership,
corporation, or association; but it is said that this restrictive signification is not necessarily inherent in the word, and that it may, in proper cases, include artificial persons. State v. Bell Telephone Co., 36 Ohio St. 310, 38 Am.Rep. 583. As an adjective, “individual” means pertaining or belonging to, or characteristic of, one single person, either in opposition to a firm, association, or corporation, or considered in his relation thereto.
ARTIFICIAL PERSONS. Persons created and devised by human laws for the purposes of society and government, as distinguished from natural persons. Corporations are examples of artificial persons. 1 Bl.Comm. 123. Chapman v. Brewer, 43 Neb. 890, 62 N.W. 320, 47 Am.St.Rep. 779.
ELECTOR. A duly qualified voter; one who has a vote in the choice of any officer; a constituent.
DeBauche v. City of Green Bay, 227 Wis. 148, 277 N.W. 147, 148 While the terms “electors” and “voters” are sometimes used interchangeably, their meaning is not precisely the same, “electors” being properly applied to all those entitled to vote, whereas “voters” appropriately designates only those actually voting. State ex rel. Chaney v. Grinstead, 314 Mo. 55, 282 S.W. 715, 719. A fortiori, “electors” is a broader term than “registered voters.” City of Dayton, Ohio, v. City Ry. Co., C.C.A.Ohio, 16 F.2d 401, 405.
REGISTERED VOTERS. In Virginia, this term refers to the persons whose names are placed upon the registration books provided by law as the sole record or memorial of the duly qualified voters of the state. Chalmers v. Funk, 76 Va. 719.
LEGAL VOTER. A person having constitutional requirements and who is registered. Public Service Electric & Gas Co. v. City of Camden, 13 N.J. Misc. 693, 180 A. 778. A person having constitutional qualifications, though not registered. Branstetter v. Heater, 269 Ky. 844, 108 S.W.2d 1040. A person invested by law with right to vote. Wright v. Lee, 125 N.J.L. 256, 15 A.2d 610, 611. A person qualified by Constitution and laws of state to vote. Lefler v. City of Dallas, Tex.Civ.App., 177 S.W.2d 231, 235. One having right to vote in municipality is a “legal voter” within statute concerning call of special election on adoption of municipal manager form of government, Wright v. Lee, 125 N.J.L. 256, 15 A.2d 610, 611.
This is a good point to stop at. Next article will start with the word “Person”. From there it will move into the “National” movement, to show what they are getting right and what they are getting wrong. It may prove to be one of the most important I have put out up to this date.
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