STATUS - Rebuttable Presumption-11.3.18
The presumption of government and the courts is that we are juristic, corporate beings and not living, breathing souls. But that is a rebuttable presumption.
Rebuttable presumption. In the law of evidence, a presumption which may be rebutted by evidence. Otherwise called a "disputable" presumption. A species of legal presumption which holds good until evidence contrary to it is introduced.
Black's Law Dictionary 6th edition, page 1267
1. What you think is a state is in reality a corporation. In other words, a Person. "Commonwealth of Pennsylvania is Person." 9 F.Supp. 272. Word "person does not include state." 12 Op Atty. Gen. 176
2 Federal Rules of Civil Procedures, Sec. III, Motions and Pleadings, Rule 9(a) states in pertinent part:
"When an issue is raised as to the legal existence of a named party's capacity to be sued, or the authority of a party to be sued, the party desiring to raise the issue shall do so by specific negative averment, which sail include supporting particulars." (emphasis added)
3. Louisiana Revised Statutes Art. 429.
Corporate existence presumed unless affidavit of denial filed before trial.
On trial of any criminal case it shall not be necessary to prove the incorporation of any corporation mentioned in the indictment, unless the defendant, before entering upon such trial, shall have filed his affidavit specifically denying he existence of such corporation.
b. 'The Clearfield Doctrine is stare decisis upon all courts, and imposes that 'an entity cannot compel performance upon its corporate rules unless it, like any other corporation, is the 'Holder-in-Due-Course- of some contract or commercial agreement between it. and the one on whom its demands for performance are made, and is willing to produce said document, and to place the same into evidence before trying to enforce its demands.'