Remedies For Misconduct of Public Officials!

The following article is subject to change without warning as we do further research new information will be added.

Our friend in law and in life Jennifer has inspired this information sharing the statute regarding Misconduct for the state (Governmental businesses) of Illinois with the members of the Lawful Living community,

When it comes to our relationship with the people running the various government agencies we should know how to engage with these Public Servants/Trustees. It is clear we are have been inadequately educated as educators to property educate the younger generation. In fact the truth has been hidden from us. How to deal with conflict and come to a resolution should be a foundational prerequisite for each of us so that we are not abusing ourselves and or each other.

Why would the public officials negate to inform us of the Private Ministerial Action Process as a way to engage with each other and with public officials? I

Matthew 18:15-20 NIV

“If your brother or sister sins, go and point out their fault, just between the two of you. If they listen to you, you have won them over. But if they will not listen, take one or two others along, so that ‘every matter may be established by the testimony of two or three witnesses.’ If they still refuse to listen, tell it to the church; and if they refuse to listen even to the church, treat them as you would a pagan or a tax collector. “Truly I tell you, whatever you bind on earth will be bound in heaven, and whatever you loose on earth will be loosed in heaven. “Again, truly I tell you that if two of you on earth agree about anything they ask for, it will be done for them by my Father in heaven. For where two or three gather in my name, there am I with them.”

If interested in learning more about the Private Ministerial Action Process and how to serve proper notice you can go to http://www.lawfulliving.com and become a member of this private community of well researched, kind, generous, loving, and motivated people. The members of this community are bringing resolution founded in knowledge and proper action.

This article will primarily focus on the fact that each Government Agent is a trustee of the Public Trust, it is up to us to remind these Government Agents that they are Public Servants of the people. The people are the benefactors and beneficiaries of the Public Trust and it is up to us to find equitable solutions.

Even though this article is written to share the policies and procedures pertaining to the people that have a home on the land mass commonly known as North America and or Turtle Island, and the Public (government) businesses of the United States and Canada they pertain to every man born on earth. Under the equal protection of the law every man has equal rights regardless of who they are or where they are at, it is advisable to check your own state/provincial constitutions, Statutes, Municipal Charters etc. You will find that these are written for employees or contractors conducting interstate and intrastate commerce for the government, for their “person” and not for private people. Since the lower courts are administrative, a simple records request for one’s employment should be sufficient.

No man can dictate to another man, and no man can harm another man without consequence. And since slavery, involuntary servitude, forced labor, peonage are illegal and unlawful regardless where somebody is born any deprivation of rights is a trespass.

It is up to each of us to resolve all presumptions by the public officials, this is especially important when it comes to poorly educated and inappropriately trained Policy Enforcers.

It is beneficial to acknowledge the Public Official as the trustees of the public trust and inform them that we the people are the benefactors and beneficiaries of this Public Trust reminding them why they are getting a paycheck. We are the people as described in the preamble of the constitution and our rights are secured by law. The rights of a man can never be acquiesced and or contracted away… ever!!! Again, the inalienable/unalienable, inherent, intrinsic rights of a man can only be trespassed!!!

It is worth noting that anyone that has been misapplying statutes, acts, so-called laws are in violation of the law and these violations will eventually catch up to them and those that have enticed them into taking illegal and unlawful action.

“A Public official is a fiduciary toward the public, including in the case of a judge, the litigants who appear before him and if he deliberately conceals material information from them he is guilty of fraud” U.S. v Folzer 816 F. 2d 304, 307 (1987). Public officials are also “trustee[s] and servant[s] of the people”. George Department v Sistrunk 291 S.E. 2d 524, 526 (1982). “‘Public office is a public trust or agency for the benefit of the people to be administered under legislative control in the interest of the people.” State ex rel Nagle v Sullivan 40 P.2d 995, 997, Supreme Court of Montana (1935). Pursuant to CFR Title 5 § 2635.101, “Basic obligation of public service (a) Public service is a public trust, and any act in violation by Public Servant, the Trustee, is Trustee Malfeasance”.

The public office and license requires the public servant and trustee of the public trust to act according to their official delegation and duties under statute and to investigate the crimes identified and provide every man with what is now being demanded once a claim is made.

“When can I sue for trustee negligence, mismanagement, fraud, or malfeasance in the courts of the United States?“

In the United States, you can sue a trustee for negligence, mismanagement, fraud, or malfeasance if they have failed to competently do their job, breached their fiduciary duties, or caused harm to the trust through misconduct or negligence³. Here are some common reasons for suing a trustee²:

– Failing to comply with trust instructions.
– Being unable to perform their duties.
– Exposing trust property to foolish and unnecessary risks.
– Wasting trust property.
– Commingling personal assets with trust assets.
– Benefiting personally from trust assets.
– Making questionable gifts using trust funds.
– Fraud, coercion, forgery, or duress.
– Embezzlement or theft of trust property.

If a trustee violates the terms of a trust, they can be removed as allowed by the trust document or by the probate court². If you believe you may have reason to sue a trustee, you should consult with a reputable trust litigation attorney to determine the best course of action for your situation². Please note that this information is general in nature and may not apply to your specific circumstances. Always consult with a legal professional for advice tailored to your situation.
(1) Trust Beneficiary Rights | Can a Beneficiary Sue a Trustee? – Keystone Law. https://keystone-law.com/rights-of-a-trust-beneficiary-to-sue-a-trustee/.
(2) Can You Sue a Trustee for Negligence? | RMO LLP. https://rmolawyers.com/can-you-sue-a-trustee-for-negligence/.
(3) The Ultimate Guide to Trustee Malfeasance | RMO Lawyers. https://rmolawyers.com/trustee-malfeasance-guide/.
(4) A Guide to Breach of Trust Claims for Trustees. https://www.dhtrustlaw.com/a-guide-to-breach-of-trust-claims-for-trustees/.
(5) Suing a Trustee of a Trust for Mismanagement | Albertson & Davidson.

Malika the founder of http://www.lawfulliving.com and administrator of the website http://www.freedomfromgovernment.org has published a series of videos on Rumble titled, “As Above So Below” and the following video is the introductory video to the series published to the Lawful Living Rumble Channel.

“So, for the first instalments we started with the Constitution. And why do we start the constitution? Because of course that’s the primary document of course. There are documents superior to the constitution like the Bible and like the Declaration of Independence and things like that but it gets down to the nitty gritty when you get to the Constitution because from the Constitution you have all the states of the Union’s Constitution and their rules say that they can not make rules that are inconsistent with that primary constitutional document. So, that’s what has led us here to where we are today I know on Tuesday everybody was getting there charters for those City and or County, and if not the charters in PDF going to the statutes where they’ve codified the alleged Charters or where the Charters are supposed to be. And then you start to connect the docks the federal government can only make rules for the federal government the state government have to only make rules for state government because they cannot make Make login consistent with the federal and if they try to make laws that that touch private lives that would absolutely be a law or laws inconsistent with the Federal Constitution so the physical fact that most people are accosted by court paperwork Court invitations primarily is why we focus on strategy like the attorney has no Authority with our emotions to show Authority or are notices”. Malika D

So, the more we dive into the codes we find out who can be a debtor:

**11 U.S. Code § 109** outlines the eligibility criteria for individuals and entities seeking bankruptcy protection under different chapters of the **U.S. Bankruptcy Code**. Let’s break it down:

1. **Chapter 7 Debtors**:
– Only certain entities are eligible to file for bankruptcy under **Chapter 7**:
– **Individuals**: They must reside, have a domicile, a place of business, or property in the United States.
– **Exclusions**: Railroads, domestic insurance companies, banks, savings banks, cooperative banks, credit unions, and similar institutions are excluded from Chapter 7 eligibility.
– **Foreign Entities**: Foreign insurance companies or foreign banks with a branch or agency in the United States are also ineligible.

2. **Chapter 9 Debtors** (Municipalities):
– To be a debtor under **Chapter 9**, an entity must meet specific conditions:
– **Municipality**: It must be a municipality.
– **State Authorization**: The entity must be specifically authorized by State law or a relevant governmental officer/organization.
– **Insolvency**: The entity must be insolvent.
– **Debt Adjustment Plan**: It must desire to create a plan to adjust its debts.
– **Creditor Agreement**: The entity must have obtained creditor agreement (or attempted negotiation) regarding debt impairment.

3. **Chapter 11 Debtors**:
– **Eligible Entities**:
– Railroads, certain individuals, and uninsured State member banks (or corporations organized under section 25A of the Federal Reserve Act) can be debtors under Chapter 11.
– **Ineligible Entities**:
– Stockbrokers, commodity brokers, and foreign entities (such as foreign banks or insurance companies) with a branch or agency in the United States are excluded from Chapter 11 eligibility.

In summary, eligibility for bankruptcy depends on factors like residency, type of entity, and specific chapter of the Bankruptcy Code. 📜💼🇺🇸

For more details, you can explore the full text of **11 U.S. Code § 109** [here](https://www.law.cornell.edu/uscode/text/11/109) ¹²³⁴⁵.

Source: Conversation with Bing, 2024-04-08
(1) 11 U.S. Code § 109 – Who may be a debtor | U.S. Code | US Law | LII …. https://www.law.cornell.edu/uscode/text/11/109.
(2) 11 USC § 109 (2011) Who may be a debtor – Justia Law. https://law.justia.com/codes/us/2011/title-11/chapter-1/section-109/.
(3) 11 USC 109 – Who may be a debtor | OpenJurist. https://openjurist.org/title-11/us-code/section-109/who-may-be-a-debtor.
(4) Section 109 – Who may be a debtor, 11 U.S.C. – Casetext. https://casetext.com/statute/united-states-code/title-11-bankruptcy/chapter-1-general-provisions/section-109-who-may-be-a-debtor.
(5) 11 U.S.C. § 109 – U.S. Code Title 11. Bankruptcy – FindLaw. https://codes.findlaw.com/us/title-11-bankruptcy/11-usc-sect-109/.

Who is liable for the alleged debt?

The **United States Constitution**, in **Article I, Section 8**, grants **Congress** the authority to **lay and collect taxes**. Here’s the relevant excerpt:

> “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States.”

In summary:
– **Congress** has the power to impose taxes, including **income taxes**, **customs duties**, and other forms of taxation.
– These taxes serve various purposes, such as funding government operations, paying off debts, and ensuring the nation’s defense and well-being.
– Importantly, any taxes levied must be **uniform** across all states within the United States.

This constitutional provision underscores the critical role of taxation in maintaining a functional government and supporting the nation’s welfare. 🇺🇸💰📜

Source: Conversation with Bing, 2024-04-08
(1) Interpretation: The Taxing Clause | Constitution Center. https://constitutioncenter.org/the-constitution/articles/article-i/clauses/751.
(2) Article I Section 8 – Constitution Annotated | Congress.gov. https://constitution.congress.gov/browse/article-1/section-8/.
(3) Overview of Taxing Clause | Constitution Annotated | Congress.gov …. https://constitution.congress.gov/browse/essay/artI-S8-C1-1-1/ALDE_00013387/.

So, why is the average man made to believe he or she is a debtor libable to pay? Why is the Sheriff (tax collector) showing up at the home of said man or woman to collect property taxes or at the direction of the lawyers for the banking insitutions?

#SpecificNegativAverment is an available remedy to invitations of court due to lack of #capacity! https://www-media.floridabar.org/uploads/2024/03/Civil-Procedure-Rules-04-01-24.pdf 😍😎 #Florida #RuleofProfessionalConduct

Below is the first video in the 15 video series designed as education for the people

With all claims made by agents or officers of the government it comes down to us knowing the definitions and holding the unwitting and or wilful rogue agent and or officer accountable for their ignorance, incompetence, negligence, and or criminality or all three. It is beneficial for anyone dealing with municipal, state, and or federal agent(s)/office(s) who have trespassed on you and or pressed charges to read the following case recently filed against the United States and someone employee of TSA.

it is up to us to read with comprehension what the Judge is saying. An administrator only has jurisdiction over their employees.

The Attorney for the Defendants tried to claim sovereign immunity for everything simply because they were wearing a uniform. The thing is they are only immune if they are acting within the scope of their official duties and pat downs and body searches is not within the scope of their administrative position..

SUMMARY**
Federal Tort Claims Act

“The panel reversed the district court’s summary judgment in favor of the United States in a Federal Tort
Claims Act (“FTCA”) action brought by Michele Leuthauser, alleging that a Transportation Security Officer
(“TSO”) sexually assaulted her during an airport security screening.

Plaintiff alleged claims for battery and intentional infliction of emotional distress. The panel held that TSOs fall under the FTCA’s “law enforcement proviso,” which waives sovereign immunity for torts such as assault and battery committed by “investigative or law enforcement officers of the United States Government.” 28 U.S.C. § 2680(h). The panel joined the Third, Fourth, and Eighth Circuits in holding that the FTCA’s limited waiver of sovereign immunity applies to certain intentional torts committed by TSOs. The district court therefore had subject matter jurisdiction over plaintiff’s FTCA claims.

First, the panel addressed whether a TSO fits the statutory definition of “any officer of the United States.” 28
U.S.C. § 2680(h). The panel held that a TSO easily satisfies dictionary definitions of officer at the time of the proviso’s enactment in 1974. That TSOs are titled, uniformed, and badged as “officers” reinforces the conclusion that they are “officers of the United States” as understood in ordinary parlance. The panel rejected the government’s contention that the proviso is limited to officers with traditional police
powers. While the TSA Administrator did not designate TSO Anita Serrano as a “law enforcement officer” under the Aviation Security Act, this did not preclude her from qualifying as an “officer of the United States” under the FTCA. The panel also rejected the government’s contention that TSOs are not officers partly because the Airport Transportation Security Act refers to them as “employees,” where the Act defines employees to include officers.”

Further, when we look at the definition of the words “searches” and “cargo” we will clearly see that this does not apply to a man or woman.

Link to the Judges Opinion:

https://cdn.ca9.uscourts.gov/datastore/opinions/2023/06/26/22-15402.pdf

Go to www.freedomfromgovernment.org and join with a group of well researched and highly intelligent men and women that are taking steps to hold Public Official accountable

For the people of the state of Alabama

Our friend in law and in life “freeindeed” shared the following information with the members of the Lawful Living Community:

#freedomofreligionrestorationact #alabamaconstitution #Amendment622

#PublicLaw105-219 #NCUA #nationalcredituntionassociation

Notice the absolute differences between #loans and #extensionsofcredit #securedbydwelling and #securedbymembershares

‘‘(c) DEFINITIONS.—As used in this section—
‘‘(1) the term ‘member business loan’—
‘‘(A) means any loan, line of credit, or letter of credit,
the proceeds of which will be used for a commercial, corporate or other business investment property or venture,
or agricultural purpose; and
‘‘(B) does not include an extension of credit—
‘‘(i) that is fully secured by a lien on a 1- to
4-family dwelling that is the primary residence of a
member;
‘‘(ii) that is fully secured by shares in the credit
union making the extension of credit or deposits in
other financial institutions;

#12USC§1813(l) – your security instrument was a trust deposit representing a member share for which you did not receive a receipt.

Religious Freedom alabama

In 1998, Amendment 622 (Section 3.01), Alabama Constitution, 1901, was ratified by the state’s voters. This amendment prohibits governments from taking any action that burdens religious freedom, unless the action:

1. furthers a compelling governmental interest, and

2. is the least restrictive means of furthering that compelling governmental interest.

Anyone whose religious freedom is burden by governmental action may assert this constitutional protection as a defense against the action or as a claim against the government for the action. This provision is liberally construed to effectuate its purposes. Municipalities must be aware of this amendment when zoning churches and other property used for a religious purpose and exercise due care. It is possible that zoning constitutes a “compelling governmental interest.” A municipality, though, should be prepared to justify its zoning decisions affecting any religious activity in light of this amendment.

Police: Can I see your license ma’am.

Me: It is against my religion to contract with the State, so I have not acquired a license.

Police: I need to see your ID.

Me: Certainly, but first can you point me to the law that requires I show ID?

Police: 32-6-19

Me: Sir, it says here that law is applicable to immigrants. I was born and raised in Alabama. Can you check with the head of your department and get back with me?

#demandforID #identification #immigration #alabama #alabamacode #legislativeact #caselaw

ID is not required by law except for immigrants!

The #legislativeintent was intended for #immigrant #licensees

Section 32-6-9

Possession and display of license.

(Acts 1939, No. 181, p. 300; Code 1940, T. 36, §65; Act 2011-535, p. 888, §18; Act 2012-491, §3.)

https://arc-sos.state.al.us/cgi/actdetail.mbr/detail?page=act&year=2012&act=491

https://arc-sos.state.al.us/cgi/actdetail.mbr/detail?page=act&year=2011&act=535

Archives.gov did not have a record of the original act. Will add link to the 1939 act when I find the resource

https://media.ca11.uscourts.gov/opinions/pub/files/202114396.pdf

https://rumble.com/v244ksy-disqualify-the-judge-as-defendant.html

#municipalliability #alabama #riskmanagement #elementsofclaim #misfeasance #nonfeasance #malfeasance

#Righttotravel #municipalpowers

Municipalities are but subordinate departments of state government and it is essential to the health, growth, peace, and wellbeing of their inhabitants that the states delegate to them all police powers which are necessary to their orderly existence. Ex parte Rowe, supra

>>>Municipal powers cannot be enlarged by construction to the detriment of individual or public rights.<<< [right to travel] The power must relate to some **corporate purpose** which is germane to the general scope of the object for which the corporation was created or has a legitimate connection with that object. Harris v. Livingston, 28 Ala. 577 (Ala. 1856).

As a general policy, municipal corporations are held to a reasonably strict observance of their express powers. Ex parte Rowe, 59 So. 69 (Ala. App. 1912). The safest rule is that >>>if there is substantial doubt as to the existence of a particular power, such power will be held by the courts not to exist.<<<

Click to access 04.%20General%20Powers%20of%20Municipalities%20REVISED%202022.pdf

Further, #citymanager #powersandduties #alabamacitymanageract1982 #generalpowersofmuniicpalities

Municipal powers cannot be enlarged by construction to the detriment of individual or public rights. Harris v. Livingston, 28 Ala. 577 (Ala. 1856) municipal corporations are held to a reasonably strict observance of their express powers. Ex parte Rowe, 59 So. 69 (Ala. App. 1912)

Two basic types of powers are delegated to and exercised by Alabama cities and towns. The two basic types of power are those of a political body (legislative) and corporate body (ministerial). As a political body, municipal powers are general in application and public in character. As a corporate body, a municipality has powers that are proprietary in character, powers exercised for the benefit of the municipality in its corporate or individual capacity. Such powers are for the internal benefit of the municipality as a separate legal entity. State v. Lane, 62 So. 31 (Ala. 1913).

General Powers of Municipalities © Alabama League of Municipalities ALM Page 2

https://almonline.org/Assets/Files/LegalSelectedReadings/04.%20General%20Powers%20of%20Municipalities%20REVISED%202022.pdf

MUNICIPAL LIABILITY

What is a Tort?

Balentine’s Law Dictionary with Pronunciations (2nd ed. 1948) defines a tort as an “injury or wrong committed … to the person or property of another.” There are three basic types of torts –intentional torts, negligent torts and strict liability torts.

Municipal liability is usually based on negligence, pursuant to Section 11-47-190, Code of Alabama 1975. Essentially, this code section establishes a negligence standard for municipalities.

It states that a municipality can be held liable for the torts of its officers and employees which are due to “neglect, carelessness or unskillfulness.” In its simplest terms, a negligent tort arises if the plaintiff can prove four elements:

1. the defendant owed (or assumed) a duty to the plaintiff to use due care;

2. the defendant breached that duty by being negligent;

3. the plaintiff was injured; and

4. the defendant’s negligence caused the plaintiff’s injury.

The courts have held that the established rules relating to negligence apply in cases involving municipalities. Birmingham v. Latham, 162 So. 675 (1935). Thus, all four elements must be satisfied for liability against the municipality to arise. The plaintiff to must plead and prove negligence on the part of the municipality. Montgomery v. Quinn, 19 So. 2d 529 (1944). It must also be shown that the negligence of the city breached a duty owed to the plaintiff. Modlin v. Miami Beach, 201 So. 2d 70 (1967).

A negligent tort can arise by nonfeasance, by malfeasance, or by misfeasance. Nonfeasance is the “omission to perform … duties that the person owes to his principal.” That is, failing to perform

a required duty. An example of nonfeasance is the failure of a city clerk to record a paper which the clerk is required by law to record. Malfeasance is “the doing of an act which the person ought

not to do at all.” This is a situation where a person acting exceeds their authority. For instance, when a city police officer arrests a person the officer has no reason to believe committed a crime,

the officer commits an act of malfeasance. Misfeasance is the “improper doing of an act which a person might lawfully do.” An example would be the reckless operation of a fire truck by a firefighter authorized to operate the vehicle.

https://almonline.org/Assets/Files/LegalServices/OrientationConference2016Resources/Municipal-Liability-2016-Orientation.pdf

#municipalliability #alabama #filingnoticeofclaim #cityclerk #noticeofclaim #riskmanagement #11-47-190 #11-47-192 #personalinjury #compensatorydamages #noneconomicdamages #publictrustbreach #breachofthepeace #deprivationofrights

Section 11-47-192

Filing of statement as to manner of injury, damages claimed, etc.

No recovery shall be had against any city or town on a claim for personal injury received, unless a sworn statement be filed with the clerk by the party injured or his personal representative in case of his death stating substantially the manner in which the injury was received, the day and time and the place where the accident occurred, and the damages claimed.

https://almonline.org/Assets/Files/LegalServices/OrientationConference2016Resources/Municipal-Liability-2016-Orientation.pdf

https://www.forbes.com/advisor/legal/personal-injury/non-economic-damages/

#alabama #utilities #municipalities #commissions #municipalofficerhandbook

Utilities companies are 100% public having no power to retain any compensation except that of the expenses… Where are our payments going? Records requests “Please reconcile every payment received last year to the total expenses generated”. NOTICE OF CLAIM. Refund my overages.

Alabama is trying to tell its people something. The note/security you provide to the bank, the electric company, water company, is a guarantee for your general well-being as provided by constitution. Securities purpose “to secure” for the people the rights to life, liberty and property. This is why the note is by definition Blacks Law 6th, a debt to issuing companies and government, yet the note acts as an asset for you. The people were expressly named beneficiaries of currency. 12 USC 95(a).

Use this civil action to >>>>challenge the servicer’s right to collect on a debt that was already secured by your note<<<< which acts as a stockholder interest; >>>inequitable assisgnment of collection rights<<<< The tax you pay on your mortgage is a business privilege. By conduct, the originator has already named you as the stockholder of your own lien which destroys the lien in opposing interests.

The wrong process was used; and because the lender is holding a financial asset in exchange for the beneficial use of property, the repayment clause is unconscionable, provides the bank unjust enrichment at your detriment. The advance should have been done in a trust arrangement guaranteed by the stockholder interest and further guaranteed by the constitutions for your general welfare. Loans are only intended for business entities which is why you were never supposed to sign as obligor in the first place. This is a standard trustee duty. Public service is a public trust.

STOCKHOLDER INTEREST CODE OF ALABAMA 10A-2A-3.04 LACK OF POWER TO ACT.
(b) A corporation’s power to act may be challenged:
(1) in a proceeding by a stockholder against the corporation to enjoin the act;
(c) In a stockholder’s proceeding under subsection (b)(1) to enjoin an unauthorized corporate act, the court may enjoin or set aside the act, if equitable and if all affected persons are parties to the proceeding, and may award damages for loss (other than anticipated profits) suffered by the corporation or another party because of enjoining the unauthorized act.
(Act 2019-94, §1; Act 2020-73, §7.)

For the people of the state of Arizona:

#Arizona definitions and other useful info
ARS 33-1311 Obligation of good faith Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement.

ARS 33-1312. Unconscionability A. If the court, as a matter of law, finds either of the following: 1. A rental agreement or any provision thereof was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result. 2. A settlement in which a party waives or agrees to forego a claim or right under this chapter or under a rental agreement was unconscionable at the time it was made, the court may refuse to enforce the settlement, enforce the remainder of the settlement without the unconscionable provision, or limit the application of any unconscionable provision to avoid any unconscionable result. B. If unconscionability is put into issue by a party or by the court upon its own motion the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose and effect of the rental agreement or settlement to aid the court in making the determination.

ARS 33-1307 territorial application

This chapter applies to, regulates, and determines rights, obligations and remedies under a rental agreement, wherever made, for a dwelling unit located “within this state.”

ARS 28-5601 12. “In this state” means any way or place within the exterior limits of the state of Arizona that is maintained by public monies, including any such way or place that is owned by or ceded to the United States of America. (Federal Land)

ARS 28-101 74 “State” means a state of the United States and the District of Columbia.

ARS 42-1051 1. “State” means the District of Columbia and any state, territory or possession of the United States.

2. “Tax” means:

(a) Assessments lawfully made, whether based on a return or other disclosure of the taxpayer, upon the information and belief of the taxing authority, or otherwise. (b) Penalties lawfully imposed pursuant to a taxing statute. (c) Interest charges lawfully added to the tax liability which constitutes the subject of the action.

ARS §1-215 (2014) §1-215. Definitions. In the statutes and laws of this state, unless the context otherwise requires: 29. “Person” includes a corporation, company, partnership, firm, association or society, as well as a natural person. When the word “person” is used to designate the party whose property may be the subject of a criminal or public offense, the term includes the United States, this state, or any territory, state or country, or any political subdivision of this state that may lawfully own any property, or a public or private corporation, or partnership or association. When the word “person” is used to designate the violator or offender of any law, it includes corporation, partnership or any association of persons

38. “State”, as applied to the different parts of the United States, includes the District of Columbia, this state and the territories.

Title 1 Chapter 2 Article 1 Section 215

“In this state” or “within the state” means within the exterior limits of the State of State and includes all the territory within these limits owned by or ceded to the United States of America.

In this state or within the state means within the exterior limits of the State of State and includes all the territory within these limits owned by or ceded to the United States of America and is a definition of the term “state” in the Arizona Revised Code 1. It means that the term “state” refers to the geographical area within the exterior limits of the State of Arizona, including all the territory within these limits that is owned by or ceded to the United States of America

ARS 43-104 Individual means a natural person

The law provides that once State and Federal Jurisdiction has been challenged, it must be proven. Main v. Thiboutot, 100 S. Ct. 2502 (1980)

There has been created a fictional “Federal State within a state”. See Howard v. Sinking Fund of Louisville, 344 U.S. 624, 73 S.Ct. 465, 476, 97 L.Ed. 617 (1953); Schwartz v. O’Hara TP. School Dist., 100 A.2d. 621, 625, 375 Pa. 440. (Compare also 31 C.F.R. Parts 51.2 and 52.2

4 U.S.C.S. Sec. 110(d) The term “State” includes any Territory or possession of the United States.

4 U.S.C.S. Sec. 110(e) The term “Federal area” means any lands or premises held or acquired by or for the use of the United States or any department, establishment, or agency of the United States; and any Federal area, or any part thereof, which is located within the exterior boundaries of any State, shall be deemed to be a Federal area located within such State.

ARS §28-2001 Definitions
A. “Resident”, for the purpose of registration and operation of motor vehicles:
1. Except as provided by paragraph 2, means the following:
(a) A person who, regardless of domicile, remains in this state for an aggregate period of seven months or more during a calendar year.
(b) A person who engages in a trade, profession or occupation in this state or who accepts employment in other than either:
(i) Seasonal agricultural work.
(ii) Temporary seasonal work for a period of not more than three months if the state in which the temporary seasonal worker is permanently domiciled has a similar exception.
(c) A person who places children in a public school without payment of nonresident tuition.
(d) A person who declares that the person is a resident of this state for the purpose of obtaining at resident rates a state license or tuition fees at an educational institution maintained by public monies.
(e) An individual, partnership, company, firm, corporation or association that maintains a main office, a branch office or warehouse facilities in this state and that bases and operates motor vehicles in this state.
(f) An individual, partnership, company, firm, corporation or association that operates motor vehicles in intrastate transportation, for other than seasonal agricultural work.
2. Does not mean:
(a) A nonresident owner of a foreign vehicle that is registered and licensed in a state adjoining this state and that is used in this state for other than the transportation of passengers or property for compensation, if the nonresident owner and vehicle are domiciled in an adjoining state but within twenty-five miles of the border of this state and if the state in which the owner resides and in which the vehicle is registered exempts from payment of registration and weight fees like vehicles from this state, regardless of whether the nonresident owner engages in a trade, profession or occupation in this state or accepts employment.
(b) An out-of-state student enrolled with seven or more semester hours regardless of whether the student engages in a trade, profession or occupation in this state or accepts employment in this state. For the purposes of this paragraph, “out-of-state student” means either:
(i) A person who is enrolled at an educational institution maintained by public monies and who is not classified as an in-state student under section 15-1802.
(ii) A person who is a student at a private educational institution and who would not be classified as an in-state student under section 15-1802 if the student were attending a public educational institution.
(c) A nonresident daily commuter as defined in section 28-2291.
B. In this chapter, unless the context otherwise requires:
1. “Mobile home” means a structure that is transportable in one or more sections, including the plumbing, heating, air conditioning and electrical systems that are contained in the structure, and that, when erected on site, is either of the following:
(a) More than eight body feet in width, thirty-two body feet or more in length and built on a permanent chassis.
(b) Regardless of the size, used as a single family dwelling or for commercial purposes with or without a permanent foundation.
2. “Serial number” means the number placed on the vehicle by its manufacturer or assigned pursuant to section 28-2165.

43-104. Definitions
18. “Person” includes individuals, fiduciaries, partnerships and corporations.

19. “Resident” includes:

(a) Every individual who is in this state for other than a temporary or transitory purpose.

(b) Every individual who is domiciled in this state and who is outside the state for a temporary or transitory purpose. Any individual who is a resident of this state continues to be a resident even though temporarily absent from the state.

(c) Every individual who spends in the aggregate more than nine months of the taxable year within this state shall be presumed to be a resident. The presumption may be overcome by competent evidence that the individual is in this state for a temporary or transitory purpose.

For the people of the state of Arkansas:

The state and federal Constitution, the Declaration of Independence, the Magna Carta, all Treaties are Trust Instruments and can be invoked in a case.

We can let them know, “Rights violations, as identified within the case, herein referred, are against public policy and can be considered a federal crime. The trust indentures are put into place in preservation of the res. according to the Uniform Trust Code. The Uniform Trust Code (UTC) is a model law in the United States created by the Uniform Law Commission and which is a set of laws that governs trusts in the State. The UTC provides a comprehensive set of rules for the creation, administration, and termination of trusts. The UTC is designed to provide a uniform framework for trust law across the United States.”
**Arkansas Code § 28-73-813** outlines the duties of a trustee to keep the qualified beneficiaries of the trust reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests. It also details the trustee’s responsibilities to inform and report to the beneficiaries.- **Arkansas Code § 28-73-602** discusses the revocation or amendment of a revocable trust. Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust⁶. This section also provides methods by which a settlor may revoke or amend a revocable trust.

In the state of **Arkansas**, there are specific legal provisions related to **Official Misconduct**. Let’s explore them:

1. **Violation of Arkansas Ethics and Conflicts of Interest Law**:
– According to **A.C.A. §21-8-304(a)**, **public servants** are prohibited from using their official positions to secure special privileges or exemptions for themselves, their spouses, children, parents, or other close relatives, or for those with whom they have a substantial financial relationship, unless otherwise provided by law².

2. **Official Misconduct Under the Arkansas Criminal Code**:
– The **Arkansas Criminal Code** comprehensively addresses the conduct of all public servants. It was established in **1975** and provides guidelines for ethical behavior and accountability⁴.

For further details and specific legal language, I recommend referring to the **Arkansas Code** maintained by the **Arkansas Bureau of Legislative Research**¹. Additionally, you can explore professional conduct opinions from the **Arkansas Supreme Court** for more insights³.

Remember that adherence to these laws is crucial to maintaining public trust and ensuring ethical conduct among government agents. 📜🔍

Below is a link to the crime victim’s guide to the justice system at Arkansas..

Source: Conversation with Bing, 2024-03-06
(1) I. Violation of Arkansas Ethics and Conflicts of Interest Law for …. https://media.arkansasonline.com/news/documents/2019/08/23/Ethics_complaints.pdf.
(2) OFFICIAL MISCONDUCT UNDER THE ARKANSAS CRIMINAL CODE. https://www.ojp.gov/ncjrs/virtual-library/abstracts/official-misconduct-under-arkansas-criminal-code.
(3) Arkansas Code Search | Laws and Statues – Arkansas.gov. https://portal.arkansas.gov/service/arkansas-code-search-laws-and-statues/.
(4) Professional Conduct Opinions | Arkansas Judiciary – arcourts.gov. https://www.arcourts.gov/professional-conduct/opinions.

Click to access Crime_Vic_Guide_Oct_2017.pdf

#officialmisconduct #ilcs #illinois #tagil

information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

(720 ILCS 5/33-3) (from Ch. 38, par. 33-3)
Sec. 33-3. Official misconduct.
(a) A public officer or employee or special government agent commits misconduct when, in his official capacity or capacity as a special government agent, he or she commits any of the following acts:
(1) Intentionally or recklessly fails to perform any mandatory duty as required by law; or
(2) Knowingly performs an act which he knows he is forbidden by law to perform; or
(3) With intent to obtain a personal advantage for himself or another, he performs an act in excess of his lawful authority; or
(4) Solicits or knowingly accepts for the performance of any act a fee or reward which he knows is not authorized by law.
(b) An employee of a law enforcement agency commits misconduct when he or she knowingly uses or communicates, directly or indirectly, information acquired in the course of employment, with the intent to obstruct, impede, or prevent the investigation, apprehension, or prosecution of any criminal offense or person. Nothing in this subsection (b) shall be construed to impose liability for communicating to a confidential resource, who is participating or aiding law enforcement, in an ongoing investigation.
(c) A public officer or employee or special government agent convicted of violating any provision of this Section forfeits his or her office or employment or position as a special government agent. In addition, he or she commits a Class 3 felony.
(d) For purposes of this Section:
“Special government agent” has the meaning ascribed to it in subsection (l) of Section 4A-101 of the Illinois Governmental Ethics Act.
(Source: P.A. 101-652, eff. 7-1-21.)

Source: https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K33-3

In **Alabama**, the Constitution, specifically **Article 1, Section 13**, ensures that courts remain open and provides remedies for any injuries. It states that every person, for any injury done to them in their lands, goods, person, or reputation, shall have a remedy by due process of law. Right and justice are to be administered without sale, denial, or delay¹⁵¹⁶.

Now, turning to **Arkansas**, the **Constitution of the State of Arkansas (1874)** also addresses similar principles. Article 2, **Declaration of Rights**, includes provisions related to courts being open, remedies for injuries, and impartiality of justice. Specifically, **Section 13** states that courts must be open, and every person has a remedy for injuries, whether related to lands, goods, person, or reputation. The state shall not be made a defendant, and excessive fines or cruel punishment are prohibited¹⁹.

Additionally, in the **Arkansas Code**, **Title 36, Chapter 5, Article 1, Section 36-5-18**, it outlines the legal effect of official bonds. Every official bond obligates the principal and sureties for various conditions, including breaches during an officer’s tenure, the discharge of duties, and injuries caused by wrongful acts or neglectful performance of duties imposed by law⁶⁷.

Therefore, both Alabama and Arkansas emphasize the importance of open courts, remedies, and justice for their citizens. If you need further details or specific legal references, feel free to ask!

Source: Conversation with Bing, 2024-03-28
(1) Alabama Constitution of 1901, Art. I, § 13 | FindLaw. https://bing.com/search?q=Alabama+Constitution+Article+1+Clause+13.
(2) Alabama Constitution of 1901, Art. I, § 13 | FindLaw. https://codes.findlaw.com/al/alabama-constitution-of-1901/al-const-art-i-sect-13/.
(3) CONSTITUTION of the STATE OF ARKANSAS of 1874 – Initiative. http://www.citizensincharge.org/files/Arkansas%20Constitution.pdf.
(4) Alabama Code § 36-5-18 (2022) – Justia Law. https://law.justia.com/codes/alabama/2022/title-36/chapter-5/article-1/section-36-5-18/.
(5) Alabama Code Title 36. Public Officers and Employees § 36-5-18. https://codes.findlaw.com/al/title-36-public-officers-and-employees/al-code-sect-36-5-18/.
(6) Oxford Constitutional Law: Constitution of the State of Arkansas …. https://oxcon.ouplaw.com/abstract/10.1093/law-ocw/law-ocw-cd1137.regGroup.1/law-ocw-cd1137.
(7) Law – Encyclopedia of Arkansas. https://encyclopediaofarkansas.net/entries/law-2901/.
(8) Article 2, Arkansas Constitution – Ballotpedia. https://ballotpedia.org/Article_2,_Arkansas_Constitution.
(9) Arkansas HOA Laws and Regulations – 2024 Guide. https://www.steadily.com/blog/arkansas-hoa-laws-regulations.
(10) Arkansas Constitution – Ballotpedia. https://ballotpedia.org/Arkansas_Constitution.
(11) Ala. Code § 36-5-18 – Casetext. https://casetext.com/statute/code-of-alabama/title-36-public-officers-and-employees/chapter-5-official-bonds/article-1-general-provisions/section-36-5-18-legal-effect-of-official-bonds.
(12) Arkansas Code Search | Laws and Statues – Arkansas.gov. https://portal.arkansas.gov/service/arkansas-code-search-laws-and-statues/.
(13) State of Arkansas 93rd General Assembly A Bill. https://www.arkleg.state.ar.us/Bills/FTPDocument?path=%2FBills%2F2021R%2FPublic%2FHB1934%2FHB1934041420211600.pdf.
(14) Arkansas Code Title 5. Criminal Offenses § 5-36-108 | FindLaw. https://codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-36-108/.
(15) Arkansas Code § 5-36-106 (2020) – Theft by receiving – Justia Law. https://law.justia.com/codes/arkansas/2020/title-5/subtitle-4/chapter-36/subchapter-1/section-5-36-106/.
(16) Lexis. https://advance.lexis.com/container?config=00JAA3ZTU0NTIzYy0zZDEyLTRhYmQtYmRmMS1iMWIxNDgxYWMxZTQKAFBvZENhdGFsb2cubRW4ifTiwi5vLw6cI1uX&crid=50a2e0de-020b-42cc-9146-7bdd0258bf87&prid=bd49dca9-ebef-438a-a9f2-f7d1cadb9001.
(17) Alabama Constitution :: Alabama Law :: US Law :: Justia. https://law.justia.com/constitution/alabama/.
(18) CONSTITUTION OF THE STATE OF ALABAMA PREAMBLE. https://digital.archives.alabama.gov/digital/api/collection/constitutions/id/40/download.
(19) SECTION 13 :: Alabama Constitution :: Alabama Law :: US Law – Justia Law. https://law.justia.com/constitution/alabama/CA-245544.html.
(20) Arkansas Constitution Article 13 § 1 – Size of counties – Justia Law. https://law.justia.com/constitution/arkansas/article-13/section-1/.
(21) Article 13, Arkansas Constitution – Ballotpedia. https://ballotpedia.org/Article_13,_Arkansas_Constitution.
(22) Article 1, Arkansas Constitution – Ballotpedia. https://ballotpedia.org/Article_1,_Arkansas_Constitution.
(23) CONSTITUTION OF THE STATE OF ARKANSAS OF 1874. https://ssl-sos-site.ark.org/uploads/education/ArkansasConstitution1874.pdf.

For the people of the state of Colorado

The following is complements to our friend in law Nicole

file:///C:/Users/sunsh/Downloads/2024%20County%20Clerk%20Roster.pdf
#quowarranto #Colorado #coloradoquowarranto Rules of Civil Procedure #Rule106 – Forms of #Writs #Abolished
(a) #HabeasCorpus, #Mandamus, Quo Warranto, #Certiorari, Prohibition, Scire Facias and Other #Remedial #Writs in the District Court. Special forms of pleadings and writs in habeas corpus, mandamus, quo warranto, certiorari, prohibition, scire facias, and proceedings for the issuance of other remedial writs, as heretofore known, are hereby abolished in the district court. Any relief provided hereunder shall not be available in county courts. In the following cases relief may be obtained in the district court by appropriate action under the practice prescribed in the #ColoradoRulesofCivilProcedure #CRCP106
(1) Where any person not being committed or detained for any criminal or supposed criminal matter is illegally confined or restrained of his liberty;
(2) Where the relief sought is to compel a lower judicial body, governmental body, corporation, board, officer or person to perform an act which the law specially enjoins as a duty resulting from an office, trust, or station, or to compel the admission of a party to the use and enjoyment of a right or office to which he is entitled, and from which he is unlawfully precluded by such lower judicial body, governmental body, corporation, board, officer, or person. The judgment shall include any damages sustained;
(3) When any person usurps, intrudes into, or unlawfully holds or exercises any office or franchise, the district attorney of the proper district may and, when directed by the governor so to do, shall bring an action against such person in the name of the people of the state, but if the district attorney declines so to do, it may be brought upon the relation and complaint of any person. The Rule heretofore existing requiring leave of court to institute such proceedings is hereby abolished. When such an action is brought against a defendant alleged to have usurped, intruded into, or who allegedly unlawfully holds or exercises any public office, civil or military, or any franchise it shall be given precedence over other civil actions except similar actions previously commenced. The judgment may determine the rightful holder of the office or franchise;
party may move to correct the record at any time.
(V) The proceedings before or decision of the body or officer may be stayed, pursuant to Rule 65 of the Colorado Rules of Civil Procedure.
(VI) Where claims other than claims under this Rule are properly joined in the action, the court shall determine the manner and timing of proceeding with respect to all claims.
(VII) A defendant required to certify a record shall give written notice to all parties, simultaneously with filing, of the date of filing the record with the clerk. The plaintiff shall file, and serve on all parties, an opening brief within 42 days after the date on which the record was filed. If no record is requested by the plaintiff, the plaintiff shall file an opening brief within 42 days after the defendant has served its answer upon the plaintiff. The defendant may file and serve an answer brief within 35 days after service of the plaintiff’s brief, and the plaintiff may file and serve a reply brief to the defendant’s answer brief within 14 days after service of the answer brief.
(VIII) The court may accelerate or continue any action which, in the discretion of the court, requires acceleration or continuance.(IX) In the event the court determines that the governmental body, officer or judicial body has failed to make findings of fact or conclusions of law necessary for a review of its action, the court may remand for the making of such findings of fact or conclusions of law.
(5) When judgment is recovered against one or more of several persons jointly indebted upon an obligation, and it is desired to proceed against the persons not originally served with the summons who did not appear in the action. Such persons may be cited to show cause why they should not be bound by the judgment in the same manner as though they had been originally served with the summons, and in his answer any such person may set up any defense either to the original obligation or which may have arisen subsequent to judgment, except a discharge from the original liability by the statute of limitations.
(b) Limitations as to Time. Where a statute provides for review of the acts of any governmental body or officer or judicial body by certiorari or other writ, or for a proceeding in quo warranto, relief therein provided may be had under this Rule. If no time within which review may be sought is provided by any statute, a complaint seeking review under subsection (a)(4) of this Rule shall be filed in the district court not later than 28 days after the final decision of the body or officer. A timely complaint may be amended at any time with leave of the court, for good cause shown, to add, dismiss or substitute parties, and such amendment shall relate back to the date of filing of the original complaint.
C.R.C.P. 106

Source: a4IV, a4VII, and b amended and adopted December 14, 2011, effective January 1, 2012, for all cases pending on or filed on or after January 1, 2012, pursuant to C.R.C.P. 1 b; amended and adopted by the Court, En Banc, August 17, 2020 effective 8/17/2020, effective immediately.

For the people of the state of Illinois:

#officialmisconduct #ilcs #illinois #tagil

Source: https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K33-3

Colorado Code #CRS4_2_302
Title 4 – #UniformCommercialCode
Article 2 – Sales
Part 3 – General Obligation and Construction of Contract
§ 4-2-302. #UnconscionableContract or #UnconcionableClause
Universal Citation: CO Code § 4-2-302 (2021)

If the court, as a matter of law, finds the contract or any clause of the contract to have been unconscionable at the time it was made, the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.
When it is claimed or appears to the court that the contract or any clause thereof may be unconscionable, the parties shall be afforded a reasonable opportunity to present evidence as to its commercial setting, purpose, and effect, to aid the court in making the determination.
History. Source: L. 65: P. 1306, § 1. C.R.S. 1963: § 155-2-302. History. Source: L. 65: P. 1306, § 1. C.R.S. 1963: § 155-2-302.

OFFICIAL COMMENT
Prior Uniform Statutory Provision: None.
Purposes:
1. This section is intended to make it possible for the courts to police explicitly against the contracts or clauses which they find to be unconscionable. In the past such policing has been accomplished by adverse construction of language, by manipulation of the rules of offer and acceptance or by determinations that the clause is contrary to public policy or to the dominant purpose of the contract. This section is intended to allow the court to pass directly on the unconscionability of the contract or particular clause therein and to make a conclusion of law as to its unconscionability. The basic test is whether, in the light of the general commercial background and the commercial needs of the particular trade or case, the clauses involved are so one-sided as to be unconscionable under the circumstances existing at the time of the making of the contract. Subsection (2) makes it clear that it is proper for the court to hear evidence upon these questions. The principle is one of the prevention of oppression and unfair surprise (Cf. Campbell Soup Co. v. Wentz, 172 F.2d 80, 3d Cir. 1948) and not of disturbance of allocation of risks because of superior bargaining power. The underlying basis of this section is illustrated by the results in cases such as the following:

Kansas City Wholesale Grocery Co. v. Weber Packing Corporation, 93 Utah 414, 73 P.2d 1272 , where a clause limiting time for complaints was held inapplicable to latent defects in a shipment of catsup which could be discovered only by microscopic analysis; Hardy v. General Motors Acceptance Corporation, 38 Ga.App. 463, 144 S.E. 327 (1928), holding that a disclaimer of warranty clause applied only to express warranties, thus letting in a fair implied warranty; Andrews Bros. v. Singer Co. (1934 CA) 1 K.B. 17, holding that where a car with substantial mileage was delivered instead of a “new” car, a disclaimer of warranties, including those “implied,” left unaffected an “express obligation” on the description, even though the Sale of Goods Act called such an implied warranty; New Prague Flouring Mill Co. v. G. A. Spears, 194 Iowa 417, 189 N.W. 815 (1922), holding that a clause permitting the seller, upon the buyer’s failure to supply shipping instructions, to cancel, ship, or allow delivery date to be indefinitely postponed 30 days at a time by the inaction, does not indefinitely postpone the date of measuring damages for the buyer’s breach, to the seller’s advantage; and Kansas Flour Mills Co. v. Dirks, 100 Kan. 376, 164 P. 273 (1917), where under a similar clause in a rising market the court permitted the buyer to measure his damages for non-delivery at the end of only one 30 day postponement; Green v. Arcos, Ltd. (1931 CA) 47 T.L.R. 336, where a blanket clause prohibiting rejection of shipments by the buyer was restricted to apply to shipments where discrepancies represented merely mercantile variations; Meyer v. Packard Cleveland Motor Co., 106 Ohio St. 328, 140 N.E. 118 (1922), in which the court held that a “waiver” of all agreements not specified did not preclude implied warranty of fitness of a rebuilt dump truck for ordinary use as a dump truck; Austin Co. v. J. H. Tillman Co., 104 Or. 541, 209 P. 131 (1922), where a clause limiting the buyer’s remedy to return was held to be applicable only if the seller had delivered a machine needed for a construction job which reasonably met the contract description; Bekkevold v. Potts, 173 Minn. 87, 216 N.W. 790, 59 A.L.R. 1164 (1927), refusing to allow warranty of fitness for purpose imposed by law to be negated by clause excluding all warranties “made” by the seller; Robert A. Munroe Co. v. Meyer (1930) 2 K.B. 312, holding that the warranty of description overrides a clause reading “with all faults and defects” where adulterated meat not up to the contract description was delivered.

2. Under this section the court, in its discretion, may refuse to enforce the contract as a whole if it is permeated by the unconscionability, or it may strike any single clause or group of clauses which are so tainted or which are contrary to the essential purpose of the agreement, or it may simply limit unconscionable clauses so as to avoid unconscionable results.

3. The present section is addressed to the court, and the decision is to be made by it. The commercial evidence referred to in subsection (2) is for the court’s consideration, not the jury’s. Only the agreement which results from the court’s action on these matters is to be submitted to the general triers of the facts.

Definitional Cross Reference:

“Contract”. Section 4-1-201 .

ANNOTATION
Law reviews. For article, “Exclusion and Modification of Warranty under the U.C.C. — How to Succeed in Business Without Being Liable for Not Really Trying”, see 46 Den. L.J. 579 (1969). For note, “Exculpatory Clauses and Public Policy: A Judicial Dilemma”, see 53 U. Colo. L. Rev. 793 (1982). For article, “When are Merger Clauses Unconscionable?”, see 64 Den. U.L. Rev. 529 (1988).

Finding of #unconscionability is a question of law. Mullan v. Quickie Aircraft Corp., 797 F.2d 845 (10th Cir. 1986).

In order to support a finding of unconscionability, there must be evidence of some overreaching on the part of one of the parties such as that which results from an inequality of bargaining power or under other circumstances in which there is an absence of meaningful choice on the part of one of the parties, together with contract terms which are unreasonably favorable to that party. McMillion v. McMillion, 31 Colo. App. 33, 522 P.2d 125 (1974); Davis v. M.L.G. Corp., 712 P.2d 985 (Colo. 1986); Mullan v. Quickie Aircraft Corp., 797 F.2d 845 (10th Cir. 1986); Leprino v. Intermountain Brick Co., 759 P.2d 835 (Colo. App. 1988).

Whether contract was unconscionable is discussed in Mullan v. Quickie Aircraft Corp., 797 F.2d 845 (10th Cir. 1986); Leprino v. Intermountain Brick Co., 759 P.2d 835 (Colo. App. 1988).

Applied in In re Stokes, 43 Colo. App. 461, 608 P.2d 824 (1979); In re Manzo, 659 P.2d 669 (Colo. 1983).

Complaint Against A Judge

https://jib.illinois.gov/content/dam/soi/en/web/jib/documents/complaint-against-a-judge-2022.pdf

Supportive Videos:

Illinois Attorney General Act review

#auditthem #illinois #attorneygeneral #ilcs #tagil

15 ILCS 205/Attorney General Act Review

Illinois State Records Act #illinois #ilcs #tagil #staterecordsact #openmeetingsact #auditthem #recordsrequest

#staterecordsact #openmeetingsact #auditthem #recordsrequest

Illinois State Records Act

Illinois Open Meetings Act

Supportive Videos:

Illinois Attorney General Act review

#auditthem #illinois #attorneygeneral #ilcs #tagil

15 ILCS 205/Attorney General Act Review

Illinois State Records Act #illinois #ilcs #tagil #staterecordsact #openmeetingsact #auditthem #recordsrequest

#staterecordsact #openmeetingsact #auditthem #recordsrequest

Illinois State Records Act
https://www.youtube.com/live/drGEMfQOfoc?si=QNsObYpTxCZ4los8

Illinois Open Meetings Act
https://www.youtube.com/live/WWLDamcHk1o?feature=shared
_________________________________________

For the people of the state of Minnesota

For the controlling agencies use the link below:
httpa:://sos.mn.gov/media/4609/state-agencies-2021.pdf

Our friend in law and in life has been dealing with rogue agents new her home on the land mass commonly known as Minnesota find below information she has published for the members of the Lawful Living community

One often overlooked and underutilized tool is the #MinnesotaUniformDeclaratoryJudgmentsAct (“ #DeclaratoryJudgmentsAct ”), Chapter 555. When traditional claims do not address the core problem at issue, the Declaratory Judgments Act provides the flexibility and versatility for litigators to request unique, creative solutions from courts.
Pursuant to Minnesota Statute § 555.01, courts have the power to “declare rights, status, and other legal relations whether or not further relief is or could be claimed.” See also Minn. R. Civ. P. 57; Fed. R. Civ. P. 57 (referring to 28 U.S.C. § 2201). In addition to this general catchall provision, the Declaratory Judgments Act has a specific provision to provide relief in cases involving written contracts or deeds. Minnesota Statute § 555.02 provides, “any person interested under a deed, will, written contract, or other writings constituting a contract, … may have determined any question of construction or validity” arising under the contract and “obtain a declaration of rights, status, or other legal relations thereunder.” Minn. Stat. § 555.02. Furthermore, a party may seek declaratory judgment with regard to the parties’ rights under a contract before or after a breach of contract. Minn. Stat. § 555.02. This is a particularly useful tool for fiduciaries, creditors, executors, and trustees to affirmatively seek direction from the courts in the face of pressure from interested parties.
The purpose of the Act is to settle uncertainty, and it is to be liberally construed and administered. Minn. Stat. § 555.12. “A declaratory judgment may be entered regardless of whether further relief is or could be claimed, and it will lie when legal relations are affected by a statute, municipal ordinance, contract, or franchise.” All. For Metro. Stability v. Metro. Council, 671 N.W.2d 905, 915 (Minn. Ct. App. 2003). “The Act, however, is not an express independent source of jurisdiction.” All. for Metro. Stability, 671 N.W.2d at 915. “A party seeking a declaratory judgment must have an independent, underlying cause of action based on a common-law or statutory right.” Id.
The Declaratory Judgments Act was used recently in the high-profile dispute between then Governor Mark Dayton and the Minnesota Legislature. In 2017, the Legislature filed an action against Governor Dayton seeking a declaratory judgment under Chapter 555 that the Governor’s line-item vetoes of funding for the Legislative Branch were unconstitutional. The district court granted the Legislature’s requested declaratory relief before the Minnesota Supreme Court reversed and found the Governor’s line-item vetoes were constitutional. Ninetieth Minnesota State Senate v. Dayton, 903 N.W.2d 609, 626 (Minn. 2017).
In addition to political disputes, the Declaratory Judgment Act may be used in unique business disputes. In Lighthouse, the assignee for the benefit of creditors of a building owner, brought an action against a number of parties stemming from a transaction involving leased roof-top for the purposes of wireless phone antennas. Lighthouse Mgmt. Grp., Inc. v. Deutsche Bank Tr. Co. of Americas, 380 F. Supp. 3d 911, 913 (D. Minn. 2019). In the action, Lighthouse brought a claim for declaratory judgment alleging that an actual, present, genuine, and justiciable controversy existed between the parties as to the validity of the wireless leases and mortgages on the property based on allegations of fraud by a third party. The court denied Defendants’ motion for summary judgment concluding that because Lighthouse asserted a valid, independent claim for quiet title, the claim for declaratory judgment survived as well. Id. at 919. Months later, the parties settled the matter before trial.
These distinct cases, differing greatly in context and substantive law, demonstrate how versatile the Declaratory Judgments Act can be in resolving complex legal problems. When peering into the toolbox of potential claims and defenses, savvy litigators would be wise to look beyond traditional contract or tort claims and consider the Declaratory Judgments Act to address messy disputes.
pdf https://anthonyostlund.com/the-minnesota-uniform-declaratory-judgments-act-the-litigators-underutilized-yet-versatile-tool/

https://hernandoclerk.com/wp-content/uploads/_Documents/Forms/Miscellaneous/Obtaining-Vehicle-Titles-via-Declaratory-Judgment-DC.pdf

APPELLATE PROCEDURE
Rule 114. Court of Appeals Review of Administrative Rules
114.01 How Obtained
Review by the Court of Appeals of the validity of administrative rules pursuant to Minnesota Statutes, section 14.44, may be obtained by:
(a) filing a petition for declaratory judgment with the clerk of the appellate courts;
(b) paying the filing fee of $550 to the clerk of the appellate courts, unless no fee is required pursuant to Rule 103.01, subdivision 3;
(c) serving the petition upon the attorney general and the agency or body whose rule is to be reviewed; and
(d) filing proof of service with the clerk of the appellate courts.
No cost bond need be filed unless required upon motion for good cause pursuant to Rule 107. https://www.revisor.mn.gov/court_rules/ap/subtype/rcap/id/114/

https://www.mncourts.gov/GetForms.aspx?c=26&p=84 https://www.mncourts.gov/mncourtsgov/media/CourtForms/MOV101.pdf?ext=.pdf

For people of the state of Tennessee

Our friend in law and in life Wendie has shared the following with members of the lawful living community:

https://chanceryclerkandmaster.nashville.gov/wp-content/uploads/Chancery-Forum-April-2012-Declaratory-Judgments.pdf

Definitions For United States Courts:
jurisdiction
Jurisdiction can be defined as:
Power of a court to adjudicate cases and issue orders; or
Territory within which a court or government agency may properly exercise its power. See, e.g. Ruhrgas AG v. Marathon Oil Co. et al., 526 U.S. 574 (1999).
Jurisdiction: An Overview
One of the most fundamental questions of law is whether a given court has jurisdiction to preside over a given case. A jurisdictional question may be broken down into three components:
Whether there is personal jurisdiction [aka whether the court may even hear the case involving the particular defendant(s)]. This is further broken down into 3 categories (See Pennoyer v. Neff for additional information):
in personam jurisdiction
in rem jurisdiction
quasi in rem jurisdiction
Whether there is jurisdiction over the subject matter
Whether there is jurisdiction to render the particular judgment sought
The term jurisdiction can be best understood by being compared to "power." Any court possesses jurisdiction over matters only to the extent granted to it by the Constitution, and/or legislation of sovereignty on behalf of which it functions (ex: a state court in Mississippi may need statutory permission by the Mississippi legislature to hear certain types of cases). The question of whether a given court has the power to determine a jurisdictional question is itself a jurisdictional question. Such a legal question is referred to as "jurisdiction to determine jurisdiction."
Subject matter jurisdiction is the court's authority to decide the issue in controversy such as a contracts issue, or a civil rights issue. State courts have general jurisdiction, meaning that they can hear any controversy except those prohibited by state law (some states, for example, deny subject matter jurisdiction for a case that does not involve state citizens and did not take place in the state) and those allocated to federal courts of exclusive jurisdiction such as admiralty or bankruptcy issues (see 28 U.S.C. § 1333, 1334). Federal courts have limited jurisdiction in that they can only hear cases that fall both within the scope defined by the Constitution in Article III Section 2 and Congressional statutes (See 28 U.S.C. §1251, §1253, §1331, §1332).
Territorial jurisdiction is the court's power to bind the parties to the action. This law determines the scope of federal and state court power. State court territorial jurisdiction is determined by the Due Process Clause of the Constitution's Fourteenth Amendment and the federal court territorial jurisdiction is determined by the Due Process Clause of the Constitution's Fifth Amendment. (For more, see World-Wide Volkswagen v. Woodson; see also International Shoe v. Washington).
Other forms of jurisdiction include appellate jurisdiction (the power of one court to correct the errors of another, lower court), concurrent jurisdiction (the notion that two courts might share the power to hear cases of the same type, arising in the same place), and diversity jurisdiction (the power of Federal courts to hear cases in which the parties are from different states). An example showing the interplay of diversity jurisdiction with subject-matter jurisdiction is Grupo Dataflux v. Atlas Global Group, L. P. (02-1689), 541 U.S. 567 (2004).
Parties will often sue a defendant who is a resident of a different state. For a state court to hear this case, that court will need to satisfy the constitutional due process requirement for territorial jurisdiction (see above) as well as the state statutory requirement, which is typically known as a state's long-arm statute.
See also: general jurisdiction and specific jurisdiction
Federal Material
U.S. Constitution
Article III, Section 2
11th Amendment
CRS Annotated Constitution
Federal Statutes
U.S. Code:
28 U.S.C., Part IV - Jurisdiction and Venue
28 U.S.C., Chapter 91 - Claims Against the U.S.
28 U.S.C. § 1295 - Court of Appeals for the Federal Circuit]
28 U.S.C., Chapter 85 - Jurisdiction of District Courts
28 U.S.C., Chapter 89 - Removal Jurisdiction
18 U.S.C., Chapter 211 - Jurisdiction in Criminal Cases
[Last updated in July of 2023 by the Wex Definitions Team]
wex
CIVICS
the Constitution
government
THE LEGAL PROCESS
courts
criminal law
criminal procedure
legal practice/ethics
statutory interpretation
civil procedure
courts and procedure
criminal law and procedure
legal education and practice
wex definitions
Keywords
civil procedure
courts
federal courts
state courts
Source: //www.law.cornell.edu/wex/jurisdiction

Preparing your claim:

For people that believe they are Canadian:

Let's explore the information you're seeking regarding drafting a complaint or petition in equity. Unfortunately, I don't have direct access to the specific content from **9A Am. Jur. Pl. & Pr. Forms**, but I can offer some general guidance.

1. **Checklist for Drafting a Complaint or Petition in Equity**:
- When preparing a complaint or petition in equity, it's essential to follow a systematic approach. Here's a checklist to consider:

- **Case Caption**: Begin with the case caption, which includes the names of the parties (plaintiff and defendant), the court, and the case number.
- **Introduction**: Provide a concise introduction that outlines the purpose of the complaint or petition.
- **Jurisdictional Allegations**: Clearly state the basis for the court's jurisdiction over the matter.
- **Factual Allegations**: Present the relevant facts that give rise to the claim or cause of action. Be specific and organized.
- **Legal Claims**: Identify the legal theories or causes of action you are asserting (e.g., breach of contract, specific performance, injunction).
- **Prayer for Relief**: Specify the relief you are seeking (e.g., damages, injunctive relief, declaratory judgment).
- **Signature and Verification**: Sign the complaint or petition and verify its accuracy under penalty of perjury.

2. **9A Am. Jur. Pl. & Pr. Forms**:
- While I don't have direct access to this specific legal resource, you may want to consult the actual publication for detailed forms and guidance. Legal libraries, online legal databases, or legal professionals can provide access to these forms.

3. **Seek Legal Advice**:
- Drafting legal documents, especially in equity cases, requires precision and knowledge of legal principles. Consider seeking legal advice or consulting an attorney to ensure your complaint or petition is well-crafted. [we have found that the lawyers do not actually know or are ignor-ant of the laws]

Remember that legal matters can be complex, and individual circumstances vary. Always consult reliable legal sources or professionals for accurate and tailored guidance. 📜🔍

For specific forms related to your case, I recommend checking official legal resources or reaching out to legal experts who specialize in equity matters.

Source: Conversation with Bing, 2024-03-06
(1) LTB: Forms | Tribunals Ontario. https://tribunalsontario.ca/ltb/forms/.
(2) Federal Court - Forms. https://www.fct-cf.gc.ca/en/online-access/forms.
(3) The Right to Petition for Involuntary Dissolution. https://bernardkinglaw.com/main/shareholderrights/the-right-to-petition-for-involuntary-dissolution/.

HOW TO FILE A LAWSUIT against judges and officers of the Court without a Lawyer or Attorney
https://youtu.be/6pUvyoaxbP8?si=KR6wDQqcSdRD4t8Z

For people that believe that they are American
Certainly! Let’s explore the information you’re seeking regarding drafting a complaint or petition in equity. While I don’t have direct access to the specific content from 9A Am. Jur. Pl. & Pr. Forms, I can offer some general guidance based on legal principles and common practices.
Checklist for Drafting a Complaint or Petition in Equity:

When preparing a complaint or petition in equity, it’s essential to follow a systematic approach. Here’s a checklist to consider:

Case Caption: Begin with the case caption, which includes the names of the parties (plaintiff and defendant), the court, and the case number.
Introduction: Provide a concise introduction that outlines the purpose of the complaint or petition.
Jurisdictional Allegations: Clearly state the basis for the court’s jurisdiction over the matter.
Factual Allegations: Present the relevant facts that give rise to the claim or cause of action. Be specific and organized.
Legal Claims: Identify the legal theories or causes of action you are asserting (e.g., breach of contract, specific performance, injunction).
Prayer for Relief: Specify the relief you are seeking (e.g., damages, injunctive relief, declaratory judgment).
Signature and Verification: Sign the complaint or petition and verify its accuracy under penalty of perjury.
9A Am. Jur. Pl. & Pr. Forms:

While I don’t have direct access to this specific legal resource, you may want to consult the actual publication for detailed forms and guidance. Legal libraries, online legal databases, or legal professionals can provide access to these forms.

Drafting legal documents, especially in equity cases, requires precision and knowledge of legal principles. Consider seeking legal advice or consulting an attorney to ensure your complaint or petition is well-crafted.
Remember that legal matters can be complex, and individual circumstances vary. Always consult reliable legal sources or professionals for accurate and tailored guidance. 📜🔍
For specific forms related to your case, I recommend checking official legal resources or reaching out to legal experts who specialize in equity matters.
9A Am. Jur. Pl. & Pr. Forms Equity § 3
American Jurisprudence | September 2023 Update
Pleading and Practice Forms Annotated
Equity
II. Pleadings Seeking Equitable Relief
§ 3. Checklist—Drafting a complaint or petition in equity
Topic Summary | References | Correlation Table
Checklist of matters, among others, that should be alleged in complaint or petition in equity:
• Jurisdictional facts, if required
• Facts laying venue of the action, if required
• Diversity of citizenship and amount in controversy, if complaint or petition is to be filed in federal court as diversity action
• Address of judge or judges of court of equity in which the suit is brought, if required
• Names and residences of parties
• Facts on which complainant relies as grounds for relief
• Inadequacy of remedy at law
• Request for process, if required
• Verification of bill, if required, as, for example, where plaintiff seeks some extraordinary relief such as granting of preliminary injunction or appointment of receiver
• Request for relief.
How to file a claim:
https://youtu.be/tjbEq17BiIU?si=sf4sKSXt_PJtjbFS

The **Federal Tort Claims Act (FTCA)** allows individuals, businesses, and other government entities to pursue claims for damages resulting from negligent or wrongful acts committed by federal employees acting within the scope of their employment¹. Here are the key points:

1. **Eligibility**: Anyone who sustains personal injury, property loss, or other damage caused by a federal agency or employee may be able to pursue a claim under the FTCA. This includes individuals, businesses, or other government entities harmed by a federal employee acting in an official capacity.

2. **Four Key Requirements**:
- An employee or agent of the federal government harmed you.
- The employee's acts or omissions were negligent or intentionally wrongful.
- The employee was acting within the scope of their duties at the time of the harm.
- You were hurt as a direct result of the employee's negligence.

3. **Administrative Claims Process**:
- Before going to court, you must start with an administrative claim with the government agency responsible for your injuries (or who employs the person responsible for harming you).
- For instance, if you were harmed by an EPA employee, you would need to send your claim to the EPA Claims Officer at the U.S. Environmental Protection Agency¹.

Remember that the FTCA constitutes a limited waiver of the United States' sovereign immunity, allowing claimants to sue the federal government. However, it does not apply to acts by federal employees that are outside the scope of their employment². If you have specific legal concerns, consulting an experienced attorney is advisable. 📜🔍

Source: Conversation with Bing, 2024-03-11
(1) The Federal Tort Claims Act: Everything You Need To Know. https://www.forbes.com/advisor/legal/personal-injury/federal-tort-claims-act/.
(2) The Federal Tort Claims Act: A Primer | Prison Legal News. https://www.prisonlegalnews.org/news/2014/mar/15/the-federal-tort-claims-act-a-primer/.
(3) 38 CFR § 14.600 - Federal Tort Claims Act—general.. https://www.law.cornell.edu/cfr/text/38/14.600.

Do your own research!!

Random Relevant Educational Videos

THe BibSib YouTube Channel

How To Challenge Jurisdiction In State Court #2 with GUEST Brandon TheBigSib Sibley
https://youtu.be/ahpGaB_RG-U?si=-Er0G43hRYC6CDFL

More ideas to ponder on ones quest to find a place of integrity and dignaty within the matrix system:Stay up on #FTC #consumerprotections. #Ai #Violations #ConsumerAbuse
Take note: #Ring #Alexa #Experian #TransUnion are named – first two being Ai instruments/tools of invasion of privacy… the good old 4th is at last catching up with the age of #Technocracy.. Understand the scope of violations being perpetrated against you and assert one’s rights against the abuse(s). #Enforcement matters.

https://www.ftc.gov/business-guidance/blog/2024/03/ftc-privacy-security-update-what-your-business-needs-know

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There are a couple of actual men taking action at Texas!

Below is a 2-hour records request tutorial given by Brett Fountain, co-partner with Randy Kelton of Rule of Law Radio. Very informative. It will ask for your email to listen to it at some point. If it is helpful consider donating to the cause. #recordsrequests

The folks in the lawful living community know the value of records requests. “Yes, records requests are your friend”.
https://gofreely.nl/resources/class-records-requests/

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Here are a few links where you can find the **”COMMON LAW HANDBOOK FOR JUROR’S, SHERIFF’S, BAILIFF’S, AND JUSTICE’S”**:

1. [**Download the PDF here**](https://www.nationallibertyalliance.org/sites/default/files/Grand%20jury%20handbook%20Print%20ready_0.pdf) – This handbook covers essential information for jurors, sheriffs, bailiffs, and justices. It emphasizes the duty to resist infringements on people’s rights and the importance of informed citizens in maintaining just governance¹².

2. [**Alternate PDF link**](https://www.academia.edu/86783652/COMMON_LAW_HANDBOOK_FOR_JURORS_SHERIFFS_BAILIFFS_AND_JUSTICES) – Another source where you can access the same handbook³.

Remember, knowledge empowers us to protect our liberties and uphold justice. 📜🔍

Source: Conversation with Bing, 2024-04-08
(1) COMMON LAW HANDBOOK FOR JUROR’S, SHERIFF’S, BAILIFF’S, AND JUSTICE’S. https://www.nationallibertyalliance.org/sites/default/files/Grand%20jury%20handbook%20Print%20ready_0.pdf.
(2) COMMON LAW HANDBOOK – National Liberty Alliance. https://www.nationallibertyalliance.org/sites/default/files/Grand%20Jury%20Hand%20Book%20Final.pdf.
(3) (PDF) COMMON LAW HANDBOOK FOR JUROR’S, SHERIFF’S, BAILIFF’S, AND …. https://www.academia.edu/86783652/COMMON_LAW_HANDBOOK_FOR_JURORS_SHERIFFS_BAILIFFS_AND_JUSTICES.

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Case Law

As stated by Chief Justice Marshall in Dartmouth College v. Woodward (1819):

“A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it, either expressly or as incidental to its very existence. These are such as are supposed best calculated to effect the object for which it was created. Among the most important are immortality, and, if the expression may be allowed, individuality; properties by which a perpetual succession of many persons are considered as the same, and may act as a single individual. They enable a corporation to manage its own affairs and to hold property without the perplexing intricacies, the hazardous and endless necessity of perpetual conveyances for the purpose of transmitting it from hand to hand. It is chiefly for the purpose of clothing bodies of men, in succession, with these qualities and capacities that corporations were invented and are in use.

“By these means, a perpetual succession of individuals are capable of acting for the promotion of the particular object, like one immortal being. But this being does not share in the civil government of the country, unless that be the purpose for which it was created. Its immortality no more confers on it political power, or a political character, than immortality would confer such power or character on a natural person. It is no more a state instrument than a natural person exercising the same powers would be.”

Justice Baldwin in an assenting opinion in Proprietors of Charles River Bridge v. Proprietors of, 36 U.S. 420 (1837) 36 U.S. 420 (Pet.) defined corporations as follows:

“In this country, every person has a natural and #inherentright of taking and enjoying property, which right is recognized and secured in the constitution of every state; bodies, societies and communities have the same right, but inasmuch as on the death of any person without a will, his property passes to his #personalrepresentative or #heir , a mere association of individuals must hold their real and personal property subject to the rules of the #commonlaw . A #charter is not necessary to give to a body of men the #capacity to take and enjoy, unless there is some #statute to prevent it, by imposing a restriction or prescribing a #forfeiture , where there is a capacity to take and hold; the only thing wanting is the #franchise of #succession , so that the property of the society may pass to successors instead of heirs. Termes de la Ley 123; 1 Bl. Com. 368-72. This and other franchises are the ligaments which unite a body of men into one, and knit them together as a natural person (4 Co. 65 a); creating a corporation, an invisible incorporeal being, a metaphysical person (2 Pet. 223); existing only in contemplation of law, but having the properties of individuality (4 Wheat. 636), by which a perpetual succession of many persons are considered the same, and may act as a single individual. It is the object and effect of the incorporation, to give to the artificial person the same capacity and rights as a natural person can have, and when incorporated either by an express charter or one is presumed from prescription, they can take and enjoy property to the extent of their franchises as fully as an individual. Co. Litt. 132 b; 2 Day’s Com. Dig. 300; 1 Saund. 345. It bestows the character and properties of individuality on a collective and changing body of men (4 Pet. 562), by which their rights become as sacred as if they were held in severalty by natural person….”

#corporation #artificialperson
https://famguardian.org/Publications/PropertyRights/corpor.html

Below are more case law to study:

III. Discussion Plaintiff states that the jailers knowingly and intentionally refused to honor his medical diet by providing gluten free meals. The Eighth Amendment’s prohibition against cruel and unusual punishment is violated if an inmate is not provided with meals adequate to maintain his health. See e.g., Keenan v. Hall, 83 F.3d 1083, 1091 (9th Cir. 1996); Wishon v. Gammon, 978 F.2d 446, 449 (8th Cir. 1992) (prisoners have a right to nutritionally adequate food); Campbell v. Cauthron, 623 F.2d 503, 508 (8th Cir. 1980) (prisoners are guaranteed a reasonably adequate diet). Section 1983 only authorizes suits against any person acting under color of state law who subjects a citizen to the deprivation of constitutional rights. West v. Atkins, 487 U.S. 42, 49 (1988). “County jails are not legal entities amenable to suit.” Owens v. Scott County Jail, 328 F.3d 1026, 1027 (8th Cir. 2003) (per curiam) (deciding “county jails are not legal entities amenable to suit”); see also Marsden v. Fed. Bureau of Prisons, 856 F. Supp. 832, 836 (S.D.N.Y. 1994) (“jail is not an entity that is amenable to suit”); Powell v. Cook County Jail, 814 F.Supp. 757 (N.D.Ill. 1993) (jail not subject to suit). https://casetext.com/case/kuehle-v-jefferson-cnty-jail?sort=relevance&q=Plaintiff%20to%20be%20a%20%E2%80%9Cparty%20plaintiff%E2%80%9D%20must%20have%20a%20legal%20entity%20or%20existence,%20and%20be%20possessed%20of%20legal%20capacity%20to%20sue,&p=1&tab=keyword&jxs=us,8cir,fedcir,ustc,adminmat,fedreg,fedstat,fedsecsrcs&type=case

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It is odd we can come by these stories and wonder how it is that any man regardless of what crime they have allegedly committed are held to such horrific conditions when it is a violation of the laws even for prisoners of war.

Further, it is noted that no court officer has qualified immunity when they perform outside of the legislated intent of the office they hold.

https://eji.org/news/federal-court-denies-qualified-immunity-and-explains-doctrines-fatal-flaws/#:

If you have gotten this far and are interested in unlearning what you have learned and gain the knowledge to join others that are taking steps to live life lawfully a good starting point is the Lawful Living Rumble Channel. After coming by this information 4 years ago I realized that I had been duped. I have come to realize my greatest issue creating problems for myself is my wrong thinking due to poor reading comprehension and lack of proper education. The most important thing is knowing the legal definitions of the words we use and have unknowingly applied to ourselves. They apply to specific “legal persons”. Has there ever been a legal determination that me or you are such a ‘person’?

When we take actions without fully contemplating on and or not comp rending the information being presented to us we can cause undue problems for ourselves.

Why would anyone claim a fictitious entity to claim their beneficial interest in their property and their life?

The so-called strawman does not exist actually. All legal entities are fictions of the legal society doing intra and interstate commerce. What does exist is an account created in our name that is funded and that we should have a beneficial interest in it. The ownership of this account is questionable. If the wrongdoing trustees need our signature to access this account who isnthe true owner?

I am grateful for meeting malika as she has pointed me in the right direction and has opened my eyes to the fact i was creating the problems for myself because i signed applications inignorance. She points out in her educational videos that we are not liable to pay. And there has never been a legal determinaltion of my taxpayer status.

Knowledge is empowering because it gives us the facts to step forward with confidence to actualize freedom from falsities and others insanity.

The fact is regardless where people have made a home for themselves on earth each of us is operating in fraud when we have not corrected our status as a non-taxpayer. We are allowing 3rd party interlopers to administer our estate because we do not know what we have.

I’m right now taking the tax class on the freedomfromgovernment.org website so that I can learn how to petition for a Declaratory Statement of taxpayer status from the agency.

What would having a legal determination made as a non-taxpayer mean to every man or woman regardless of age?

Would this make it easier to send in documentation to get a tax refund for misidentification?

Would this eliminate any idea that people owe student fees?

Would this eliminate any idea that we need to get a loan to purchase anything as a purchaser.

Malika has published educational videos on the Lawful Living Rumble Channel for people invested in actualizing a new world. We highly suggest people go to the first page and start at the beginning with the video titled “How To Disqualify Judge As Defendant”. https://rumble.com/user/LawfulLiving then published a series of videos to break us free from the bars inour own mind keeping us in wrong thinking. This is a 15 video series titled “As Above So Below”. She has zoom calls 3 days a week for people having issues with members of the legal society, Tuesday, Thursday, and Friday. The Tuesday call is for people new to Malika’s information. She is graciously publishing these videos for others to learn from. The Tuesday call is an intermediate Q& A call for members of the FreedomFromGovernment.org website and the Friday call is for people that have taken the sue-along class and that have initiated the Private Ministerial Action Process and or are in a Administrative Court Action. https://rumble.com/user/LawfulLiving

Freedom Dove