Legal Definitions - subject

The term "subject" can refer to something previously mentioned or relevant to the current discussion, such as "the subject property." As a noun, it denotes the main topic or matter of concern, often used interchangeably with "subject matter." Historically, and particularly in monarchical systems, a "subject" is also an individual owing allegiance and obedience to a sovereign or state.

The term "subject" can function as both an adjective and a noun in legal contexts, each with distinct meanings.

As an Adjective:

When used as an adjective, "subject" refers to something that has been previously mentioned or is currently the focus of discussion, making it the central point of a statement, action, or document.

• Example 1: Contract Amendment

  After reviewing the initial agreement, the lawyers drafted an addendum to clarify the delivery schedule for the subject goods, which were specified in the original purchase order.

  Explanation: Here, "subject goods" refers specifically to the goods that were already identified and discussed in the initial agreement, making them the focus of the addendum.

• Example 2: Property Dispute

  The court ordered an independent appraisal of the subject property to determine its fair market value before proceeding with the division of assets.

  Explanation: "Subject property" indicates the particular piece of real estate that is central to the ongoing legal dispute and has been previously introduced in the case.

As a Noun:

As a noun, "subject" has two primary meanings:

1. An Individual Owing Allegiance or Under Jurisdiction:

This refers to a person who owes loyalty to a sovereign ruler or government and is governed by that entity's laws. Historically, this term was common in monarchies (e.g., a "British subject"). While "citizen" is more prevalent in republics and often emphasizes rights, "subject" can highlight duties and obligations to the state. In a broader sense, anyone within a state's territory is "subject to" its laws and jurisdiction, even if they are not a citizen.

• Example 1: Monarchy and Nationality

  A person born in Canada before 1947 was considered a British subject, reflecting Canada's historical ties to the British Crown.

  Explanation: This illustrates the traditional use of "subject" to describe an individual owing allegiance to a monarch and being governed by the laws of that sovereign's realm.

• Example 2: Jurisdiction Over Visitors

  While visiting the United States, a foreign national is considered a subject to all federal, state, and local laws, despite not being a U.S. citizen.

  Explanation: This demonstrates the broader application where any individual physically present within a state's territory is "subject to" its legal authority and jurisdiction, even if temporarily.

2. The Matter of Concern or Topic:

In this sense, "subject" refers to the main topic, theme, or issue that a document, discussion, or legal instrument is about or created to address. It identifies the central focus of the content.

• Example 1: Legislative Focus

  The primary subject of the new consumer protection bill was to regulate predatory lending practices by online financial institutions.

  Explanation: Here, "subject" identifies the core issue or problem that the consumer protection bill was specifically designed to address.

• Example 2: Legal Research

  The law student's research paper extensively explored various case precedents related to intellectual property infringement, which was the main subject of her thesis.

  Explanation: This use of "subject" indicates the central theme or topic that the research paper and thesis were focused on.