grndslm said:
Do you realize that if a statute contains the definition, you MUST use that definition??
What is a person in law dictionaries isn't important if the statute has the definition for person within, which it usually does. The answer is in the statute!!
grndslm said:
And I cannot mediate with you when it comes to Canadian statutes or cases. Not my specialty.
Point taken. I didn't realize that you had a specialty. You've only trained and practiced in Mississippi law I presume? Well, I'm only familiar with Canadian law, so you'll have to bear with me as I wade into your specialty (although, as we have both trained and practiced, I'm sure you'll agree that legal research and reasoning are really skills that transcend jurisdictional boundaries, no?)
Anyway, after a quick search I found this decision of the Mississippi Supreme Court in the matter of Coleman v. State of Mississippi, NO. 2004-CT-00346-SCT.
In the dissenting opinion, Justice Randolph (this passage is collateral to the point on which Randolph J. is dissenting) states as follows:
¶
35. Additionally, Miss. Code Ann. Section 1-3-65 instructs, “All words and phrases contained in the statutes are used according to their common and ordinary acceptation and meaning; but technical words and phrases according to their technical meaning.” As my esteemed colleague, Justice Dickinson, recognizes those who may be prosecuted for embezzlement are “limited to certain persons who steal from 'any private person,'” let us examine the common meanings of “private” and “person” as defined by Webster's Dictionary.
Private is defined as “(4) Belonging to a specific person or persons; (5)
Not in an official or public position; (6) Not public.” Webster's further provides the core meaning: belonging or confined to a particular person or group....” Webster's II New College Dictionary 880 (2001).
The definition of person is as follows: “(7) Law A human being or
organization with legal rights and duties.” Webster's II New College Dictionary 820 (2001).
I've bolded the relevant bits. Of course, the Court (understandably, I would argue) doesn't feel the need to also examine the common meaning of "human being", but I imagine that you will, so please find it below, also from Webster's Dictionary:
Definition of HUMAN
: a bipedal primate mammal (Homo sapiens) : man; broadly : hominid
Now I've also found a piece of Mississippi legislation entitled the Residential Landlord and Tenant Act.
You can find it here: mslawyer.com/statutes/landlord.html (I know this isn't an official source, but I think its good enough for our purposes).
The definitions are set out in s. 89-8-7. Please note that the word "person" is not defined in this section of the statute (nor in any other section of the statute). Now, based on that fact, and on the decision of the Mississippi Supreme Court I cited above, would you say that you are, for the purposes of this Act, a person, and as such, it applies to you?
And having so admitted, are you able to produce any Mississippi statutes that do explicitly define person so as to explicitly exclude human beings from their application?