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Originally Posted by Lawdog
mount a sane, rational defense.
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I believe the meat of your post lies in the following statement quoted above. An affidavit is only as good as the fact presented within.
Such means of signing is an oath, or Commercial Affidavit, executed under penalty of perjury, "true. Correct, and complete". Whereas in a court setting testimony (oral) is stated in judicial terms by being sworn to be "the truth, the whole truth, and nothing but the truth, so help me God."
In addition to asserting all matters under solemn oath of personal, commercial, financial, and legal liability for the
validity of each and every statement, the participant must provide material evidence, i.e. ledgering, or bookkeeping, providing the truth, validity, relevance, and verifiably of each and every particular assertion to sustain credibility.
When you issue an affidavit, it is a two edged sword; it cuts both ways. Someone has to take responsibility for saying that it is a real situation. It can be called a true bill, as they say in the Grand Jury. When you issue an affidavit in commerce you get the power of an affidavit. You also incur the liability, because this has to be a situation where other people might be adversely affected by it. Things change by your affidavit, in which are going to affect people's lives. If what you say in your affidavit is, in fact, not true, then those who are adversely affected can come back at you with justifiable recourse because you lied. You have told a lie as if it were the truth. People depend on your affidavit and then they have lost because you lied.
AN UNREBUTTED AFFIDAVIT BECOMES THE JUDGMENT IN COMMERCE. (Heb. 6:16-17;). There is nothing left to resolve. Any proceeding in a court, tribunal, or arbitration forum consists of a contest, or duel, of commercial affidavits wherein the points remaining un-rebutted in the end stand as truth and matters to which the judgment of the law is applied.
So all that being said... the Affidavit is not the faulty mechanism here but the facts, validity, relevance, and verifiably of each and every particular assertion that this unstable individual made.
Nice try LD.
..J