08-13-2008, 06:31 AM
Co-Founder & Moderator
Join Date: Feb 2007
Location: Washington State
Common Law and UCC 1-308
Perhaps some experts here can educate us on this:
Article III, section 2 of the organic Constitution defines the kinds of judicial power the courts have:
At the common law - a crime exists only when there is a victim with actual damages like a broken arm.
In equity - otherwise known as civil law a private contract is or agreement is involved. For an action to be brought there must be a breach of contract and damages.
Maritime - or commercial contract law originates in the rules of trade upon the high seas between international merchants and is enforced by military organizations.
Admiralty - is armed enforcement of the laws of commerce(the law merchant)
All birth certificates, licenses, registrations, insurances, bank accounts, permits, titles, deeds, etc. are commercial contracts created under the UCC - (Uniform Commercial Code) and this is where the confusion begins. Most people do not know that commercial law cannot regulate private dealings between civilians much less where to draw the line.
Where does one draw the line?
The Uniform Commercial Code
The Uniform Commercial Code was adopted by all states in 1964 making it the supreme law of the land. Take a look in the first part of every Federal and State code books and you will the find the Uniform Commercial Code consistent throughout.
UCC 1-103.6 defines how contract law must be in compliance with the rules of the common law providing there is made a knowing reservation of common law rights.
"The Code is complimentary to the Common Law, which remains in force, except where displaced by the code. A statute should be construed in harmony with the Common Law, unless there is a clear legislative intent to abrogate the Common Law." (UCC 1-103.6)
What's the remedy?
"The making of a valid Reservation of Rights preserves whatever rights the person then possesses, and prevents the loss of such rights by application of concepts of waiver or estoppel." (UCC 1-207.7)
It is important to remember when we go into a court, that we are in a commercial, international jurisdiction. If we go into court and say. "I DEMAND MY CONSTITUTIONAL RIGHTS!", the judge will most likely say, "You mention the Constitution again, and I'll find you in contempt of court!" Then we don't understand how he can do that. Hasn't he sworn to uphold the Constitution? The rule here is: you cannot be charged under one jurisdiction and defend yourself under another jurisdiction. For example, if the French government came to you and asked where you filed your French income tax of a certain year, do you go to the French government and say "I demand my Constitutional Rights?" No. The proper answer is: "THE LAW DOES NOT APPLY TO ME. I AM NOT A FRENCHMAN." You must make your reservation of rights under the jurisdiction in which you are charged, not under some other jurisdiction. So in a UCC court, you must claim your Reservation of Rights under UCC 1-207.
UCC 1-207 goes on to say...
"When a waivable right or claim is involved, the failure to make a reservation thereof, causes a loss of the right, and bars its assertion at a later date." (UCC 1-207.9)
You have to make your claim known early. Further, it says:
- common law
"The Sufficiency of the Reservation: any expression indicating an intention to reserve rights is sufficient, such as "without prejudice". (UCC 1-207.4)Whenever you sign any legal paper that deals with Federal Reserve Notes, write under your signature: "Without Prejudice (UCC 1-207.4)." This reserves your rights. You can show, at UCC 1-207.4, that you have sufficiently reserved your rights.
It is very important to understand just what this means. For example, one man who used this in regard to a traffic ticket was asked by the judge just what he meant by writing "without prejudice UCC 1-207" on his statement to the court? He had not tried to understand the concepts involved. He only wanted to use it to get out of the ticket. He did not know what it meant. When the judge asked him what he meant by signing in that way, he told the judge he was not prejudice against anyone... The judge knew that the man had no idea what it meant, and he lost the case. You must know what it means!
Without Prejudice UCC 1-207
When you use "without prejudice UCC 1-207" in connection with your signature, you are saying, "I reserve my right not to be compelled to perform under any contract or commercial agreement that I did not enter knowingly, voluntarily and intentionally. I do not accept the liability of the compelled benefit of any unrevealed contract or commercial agreement.”
UCC 1-207. Performance or acceptance under Reservation of Rights.
A party who, with explicit reservation of rights, performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as "WITHOUT PREJUDICE”,” UNDER PROTEST" or the like are sufficient.
“WITHOUT PREJUDICE” UCC 1-207”
Your autograph is among your most valuable assets. It is not a good idea to autograph a contract without reserving your rights. If you must carry a driver's license you should get a new one with a reservation of rights above your autograph on the license itself. As a matter of fact it is wisest to reserve your rights in any agreement, just in case there is some small print that suggests waiver of your God given freedom.
UCC 1-308 now replaces UCC 1-207