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persona nasciturus (par-soh-na nas-a-t[y]oor-as or -t[y]oor-as). [fro Latin nascor"to be born"] Roman law. An unborn child. Sometimes shortened to nasciturus.

persona nasciturus See PERSONA.

persona non grata (par-sohn-a non grah-da), n. [Latin] An unwanted person; esp., a diplomat who is not acceptable to a host country. PI. personae non gratae. Cf. PERSONA GRATA.

persona non grata See PERSONA NON GRATA.

persona praedilecta (par-soh-na pree-da-Iek-ta). [Law Latin] Scots law. A preferred person. This phrase signifies one person who, among others appointed with him as colleagues in some office, enjoys the confidence and esteem ofthe person appointi ng, more than those appointed with him. Thus a testator not unfrequently appoints among his trustees one who shall be a sine qua non - that is, one whose concurrence and consent shall be indispensable to every act of administration under the trust. Such a trustee falls within the description of a persona praedilecta." John Trayner, Trayner Latin Maxims 456 (4th ed. 1894).

persona praedilecta See PERSONA.

persona proposita See PROPOSITUS.

persona standi in judicio (par-soh-na stan-di in joo¬dish-ee-oh). [Law Latin] 1. apacity of standing in judgment; the right to appear in court. 2. One with personal standing to vindicate a legal right What persona standi may be more easily learned by considering the loss of by civil death or outlawry. But there are others besides outlaws who have no persona standi. A pupil cannot pursue or defend; that must be done by his tutor in his name. And companies, as such, have not a persona standi. Persona standi applies to the status of the person, as qualified to pursue or defend in actions generally; title to pursue applies to particular actions, and requires, in addition to a persona standi, that the party have a proper legal interest in the particular action pursued or defended. William Bell, Bell s Dictionary and Digest of the Law of Scotland 800 (George Watson ed., 7th ed. 1890).

persona standi in judicio See PERSONA STANDI IN JUDICIO.

personable Having the status of a legal person (and thus the right to plead in court, enter into contracts, etc.) <a personable entity>.

personal 1. Of or affecting a person <personal injury>. 2. Of or constituting personal property <personal belongings>. See IN PERSONAM.

personal estate See personal property (1) under PROPERTY.

personal action 1. An action brought for the recovery of debts, personal property, or damages arising from any cause. Also termed remedial action. "Personal actions are subdiVided into those brought for the recovery of a debt or of damages for the breach of a contract, or for tort, for some injury to the person or to relative rights or to personal or real property. The most common of these actions are debt, covenant, assumpsit, detinue, trespass, trespass on the case, trover, and replevin." Benjamin J. Shipman, Handbook of Common·Law Pleading § 34, at 65 (Henry Winthrop Ballantine ed., 3d ed. 1923). 2. See action in personam.

personal action See ACTION (4).

personal asset An asset in the form of money or chattels.

personal asset See ASSET.

personal bond 1. See bail bond. 2. A written document in which an obligor formally recognizes an obligation to pay money or to do a specified act. 3. Scots law. A bond containing a promise without security.

personal bond See BOND (2).

personal chattel See chattel personal under CHATTEL.

personal chattel See chattel personal.

personal check A check drawn on a person's own account.

personal check See CHECK.

personal contract 1. A contract that binds a person but not that person's heirs or assignees because the contract requires a personal performance for which there is no adequate substitute. 2. A contract that binds a representative as an individual rather than binding the person or entity represented. For instance, contracts made by a dece dent's personal representative traditionally bind the representative, not the estate, unless expressly agreed otherwise. 3. A real-property-related contract that is treated as personal property, not as a substitute for the real property.o Examples include oil-and-gas royalty contracts and property-insurance policies.

personal contract See CONTRACT.

personal covenant See COVENANT (4).

personal covenant A covenant that creates a personal right or obligation enforceable only between the covenanting parties and that is not binding on the heirs or assigns of the parties. Cf. covenant running with the land.

personal crime A crime (such as rape, robbery, or pickpocketing) that is committed against an individual's person.

personal crime See CRIME.

personal defense See DEFENSE (4).

personal defense An ordinary defense in a contract action - such as failure of consideration or nonperformance of a condition that the maker or drawer of a negotiable instrument is precluded from raising against a person who has the rights of a holder in due course. See DCC § 3-305(b). A personal defense can be asserted only against a transferee who is not a holder in due course. Also termed limited defense.

personal demand An in-person demand for payment upon the drawer, maker, or acceptor of a bill or note. 4. In economics, the intensity of buyer pressure on the availability and cost of a commodity or service.

personal demand See DEMAND (3).

personal effects Items of a personal character; esp., personal property owned by a decedent at the time of death.

personal effects See EFFECTS.

personal evidence See TESTIMONY.

personal evidence See TESTIMONY.

personal exemption An amount allowed as a deduction from an individual taxpayer's adjusted gross income.

personal exemption See EXEMPTION.

personal goodwill See GOODWILL.

personal goodwill Goodwill attributable to an individual's skills, knowledge, efforts, training, or reputation in making a business successful. Also termed professional goodwill; separate goodwill; individual goodwill.

personal history An individual s background; the particular experiences and events that shape a person s life.

personal holding company A holding company that is subject to special taxes and that usu, has a limited number of shareholders, with most of its revenue originating from passive income such as dividends, interest, rent, and royalties.

personal holding company See COMPANY.

personal income The total income received by an individual from all sources.

personal income See INCOME.

personal indignity See INDIGNITY.

personal injury 1. In a negligence action, any harm caused to a person, such as a broken bone, a cut, or a bruise; bodily injury. 2. Any invasion of a personal right, including mental suffering and false imprisonment. Also termed private injury. 3. For purposes of workers compensation, any harm (including a worsened pre-existing condition) that arises in the scope of employment. - Abbr. PI.

personal injury See INJURY.

personal judgment 1. A judgment that imposes personal liability on a defendant and that may therefore be satisfied out ofany of the defendants property within judicial reach. 2. A judgment result from an action in which a court has personal jur ion over the parties. 3. A judgment against a person as distinguished from a judgment against a thing, right, or status. Also termed judgment in personam (in par-soh-nam); in personam judgment;judgment inter partes (in-tar pahr-teez).

personal judgment See JUDGMENT.

personal jurisdiction A court"s power to bring a person into its adjudicative process; jurisdiction over a defendant"s personal rights, rather than merely over property interests. Also termed in personam jurisdiction; jurisdiction in personam; jurisdiction of the person; jurisdiction over the person; jurisdiction ratione personae. See IN PERSONAM. Cf. in rem jurisdiction; general personal jurisdiction; specific personal jurisdiction.

personal jurisdiction See JURISDICTION.

personal justice See JUSTICE (1).

personal justice Justice between parties to a dispute, regardless of any larger principles that might be involved. Also termed justice in personam; popular justice; social justice.

personal knowledge Knowledge gained through firsthand observation or experience, as distinguished from a belief based on what someone else has said. Rule 602 of the Federal Rules of Evidence requires lay witnesses to have personal knowledge of the matters they testify about. An affidavit must also be based on personal knowledge, unless the affiant makes it clear that a statement relies on "information and belief." Also termed firsthand knowledge.

personal knowledge See KNOWLEDGE.

personal law The law that governs a person s family matters, usu. regardless of where the person goes. In common-law systems, personal law refers to the law of the person s domicile. In civil-law systems, it refers to the law of the individual s nationality (and so is sometimes called lex patriae). Cf. TERRITORIAL LAW. The idea of the personal law is based on the conception of man as a social being, 50 that those transactions of his daily life which affect him most closely in a personal sense, such as marriage, divorce, legitimacy, many kinds of capacity, and succession, may be governed universally by that system of law deemed most SUitable and adequate for the purpose. [Ajlthough the law of the domicile is the chief criterion adopted by English courts for the personal law, it lies within the power of any man of full age and capacity to establish his domicile in any country he chooses. and thereby automatically to make the law of that country his personal law." R.H. Graveson, Conflict of Laws 188 (7th ed. 1974).

personal liability See LIABILITY.

personal liberty See LIBERTY.

personal name See NAME.

personal notice See NOTICE.

personal obligation 1. An obligation performable only by the obligor, not by the obligor s heirs or represent a tives. 2. An obligation in which the obligor is bound to perform without encumbering his or her property for its performance.

personal ohligation See OBLIGATION.

personal privilege See PRIVILEGE (5).

personal privilege A privilege that concerns an individual member or members (e.g., a member s reputation or physical ability to hear the proceedings) rather than the deliberative assembly generally. Also termed special privilege. See procedural point under POINT. Cf. general privilege.

personal property 1. Any movable or intangible thing that is subject to ownership and not classified as real property. Also termed personalty; personal estate; movable estate; (in plural) things personal. Cf. real property. 2. 7ax. Property not used in a taxpayer s trade or business or held for income production or collection.

personal property See PROPERTY.

personal recognizance The release of a defendant in a criminal case in which the court takes the defendant s word that he or she will appear for a scheduled matter or when told to appear. This type of release dispenses with the necessity of the person s posting money or having a surety sign a bond with the court. 2. See bail bond under BOND (2).

personal recognizance See RECOGNIZANCE.

personal replevin See REPLEVIN.

personal replevin At common law, an action to replevy a person out of prison or out of another s custody. Personal replevin has been largely superseded by the writ of habeas corpus as a means of investigating the legality of an imprisonment. See HABEAS CORPUS.

personal representative A person who manages the legal affairs of another because of incapacity or death, such as the executor of an estate. Technically, an executor is a personal representative named in a will, while an administrator is a personal representative not named in a will. Also termed independent personal representative; legal representative.

personal representative See REPRESENTATIVE.

personal reputation See REPUTATION.

Personal Responsibility and Work Opportunity Reconciliation Act A 1996 federal law that overhauled the welfare system, as well as requiring states to provide a means for collecting child support by (1) imposing liens on a child-support obligor s assets, and (2) facilitating income-withholding. The Act did away with Aid to Families with Dependent Children in favor of Temporary Assistance to Needy Families. It also limited the length of time that persons could receive welfare and tied states receipt of federal child-support funds to their implementing enhanced paternity-establishment services. Also termed Welfare Reform Act. See AID TO FAMILIES WITH DEPENDENT CHILDREN; TEMPORARY ASSISTANCE TO NEEDY FAMILIES. - Abbr. PRWORA.

personal right 1. A right that forms part of a persons legal status or personal condition, as opposed to the persons estate. 2. See right in personam.

personal right See RIGHT.

personal security 1. An obligation for the repayment of a debt, evidenced by a pledge or note binding a natural person, as distinguished from property. 2. A persons legal right to enjoy life, health, and reputation.

personal security See SECURITY.

personal service See PERSONAL SERVICE (1).

personal service 1. Actual delivery of the notice or process to the person to whom it is directed. - Also termed actual service. 2. An act done personally by an individuaL. In this sense, a personal service is an economic service involving either the intellectual or manual personal effort ofan individual, as opposed to the salable product of the person s skill.

personal service See PERSONAL SERVICE (2). 4. A person or company whose business is to do useful things for others <a linen service>.

personal servitude 1. A servitude granting a specific person certain rights in property. 2. Roman law. A specific persons right over the property of another, regardless of who the owner might be. A personal servitude lasted for the persons lifetime. 3. Louisiana law. A servitude that benefits a person or an immovable. La. Civ. Code art. 534.

personal servitude See SERVITUDE (2).

personal statute A law that primarily affects a persons condition or status (such as a statute relating to capacity or majority) and affects property only incidentally.

personal statute See STATUTE.

personal suretyship See SURETYSHIP.

personal suretyship A suretyship in which the surety is answerable in damages.

personal tithe See TITHE.

personal tort See TORT.

personal treaty See TREATY (1).

personal trust See private trust under TRUST.

personal warrandice See WARRANDICE.

personal warranty See WARRANTY (2).

personal wrong See WRONG.

personal-capacity suit An action to impose personal, individual liability on a government officer. Cf. official-capacity suit.

personal-capacity suit See SUIT.

personal-comfort doctrine The principle that the course of employment is not interrupted by certain acts relating to the employee s personal comfort, typically short breaks for eating, drinking, using the restroom, and the like. - Also termed personal-comfort rule.

personal-condition crime See status crime.

personal-condition crime See status crime under CRIME.