When a document addresses "JOHN SMITH," who exactly is it addressing? When you sign, which capacity are you acting in? The legal system operates on definitions — and "person," "individual," and even your name may not mean what you think.
This domain explores the most personal aspect of agreements: who "you" are when you enter them. The answer isn't as obvious as you might think.
Your Journey Through Identity
What do these words mean in legal documents? The definitions may surprise you — they don't simply mean "human being."
Two jurisdictions operating simultaneously — the private realm of living beings and the public realm of legal fictions.
JOHN SMITH vs. John Smith — is there a difference? What the formatting may mean and how it connects to identity.
State citizen vs. citizen of the United States. The 14th Amendment created a new citizenship — and it matters.
Why Identity Matters
Agreements require parties. Before you can be bound by an agreement, there must be clarity about who "you" are in that agreement. The legal system has specific definitions that may differ from common understanding:
Often includes corporations and entities, not just humans. When a statute applies to "persons," you may not be included — or may be.
In some contexts, means a type of business entity — "individual proprietorship." Not necessarily a human being.
May refer to a legal entity separate from you. ALL CAPS vs. upper/lowercase — does the format matter?
Determines which jurisdiction's laws apply. Federal citizen vs. state citizen — two different statuses.
The identity framework presented here includes theories that have had mixed reception in courts. Some judges accept aspects of these arguments; many dismiss them as "sovereign citizen" theories.
The value is in understanding — seeing how the system defines and addresses you — rather than assuming these concepts will automatically succeed as legal defenses.
Connection to Commerce
Identity and Commerce connect through signatures and liability:
- How you sign determines which "you" is obligated
- Representative capacity vs. personal capacity
- "Without recourse" — protecting your personal liability
- Who is making the agreement?
If "JOHN SMITH" is a legal entity and you are the living man, then signing as "representative" for that entity might change which one is liable. The UCC provides mechanisms for this — if you understand who "you" are.
Suggested Reading Order
- Person and Individual — Start with definitions
- Private vs. Public — The jurisdictional framework
- The Name — How naming conventions work
- Citizenship and Jurisdiction — How status affects rights