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Consent to laws is not a prerequisite to their enforceability against individuals. City of Salina, 737 P.2d at 983. No persons in Montana may exempt themselves from any law simply by declaring they do not consent to it applying to them. We must all abide by the valid laws,
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But Consent is prerequisite to Applicability, or often is in many cases. Any law that is based on relationships, for example.
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No persons in Montana may exempt themselves from any law simply by declaring they do not consent to it applying to them
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It's more than a simple declaration, when viewed in light of other actions. It takes a
complex declaration, and evidence that excludes applicability. I could possibly prove that the law in question is inherently excluded by the very same pleadings of the plaintiff.
But the burden of proof is on the prosecution and the presumption of innocence with the accused, in any case. Most claims fail by their own statement.
So let me extrapolate from the above court ruling:
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Enforceable law is declared by simple but strict application to the consent of the pleadings against any person,.
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