Legal Definitions - public person

A public person, in a legal context, refers to a government entity or an individual who possesses governmental authority or acts on behalf of a government. This can include the government itself, its various departments and agencies, or specific individuals who have been officially empowered by the government to carry out public duties.

Here are some examples to illustrate this concept:

• Example 1: A City Council Voting on an Ordinance

  Scenario: A city council convenes a meeting to vote on a new ordinance that would regulate noise levels within residential areas.

  Explanation: The city council is a legislative body established by a municipal government, which is a form of sovereign government. When the council members deliberate and vote on an ordinance, they are exercising authority delegated to them by the government to create laws that affect the public. Therefore, the city council, and its members acting in their official capacity, are considered a "public person."

• Example 2: A State Park Ranger Issuing a Citation

  Scenario: A state park ranger observes a visitor littering in a protected area and issues them a citation for violating park regulations.

  Explanation: The park ranger is an individual who has been delegated specific law enforcement authority by the state government to uphold park rules and protect natural resources. By issuing a citation, the ranger is performing an official governmental duty, acting on behalf of the state. In this capacity, the ranger is functioning as a "public person."

• Example 3: The Department of Motor Vehicles (DMV) Granting a Driver's License

  Scenario: An individual successfully completes their driving test, and the Department of Motor Vehicles issues them a new driver's license.

  Explanation: The Department of Motor Vehicles is an agency of the state government. It is a "body delegated authority" to regulate vehicle registration, driver licensing, and related matters. When the DMV issues a driver's license, it is performing a governmental function by granting official permission to operate a vehicle. Thus, the DMV acts as a "public person" in this role.