Reserving Your Rights Without Prejudice UCC 1-308, above your signature means: I have reserved my Common Law right NOT TO BE COMPELLED TO PERFORM under any contract I did not enter into KNOWINGLY, VOLUNTARILY, and INTENTIONALLY. And furthermore, I do not accept the liability associated with the compelled benefit of any UN-REVEALED CONTRACT OR COMMERCIAL AGREEMENT. Once you state that, that is all the judge needs to hear. Under the Common Law, a contract must be entered into knowingly, voluntarily, and intentionally, by both parties or it can be declared void and unenforceable. one is claiming the right not to be compelled to perform under any contract that one did not enter into knowingly, voluntarily and intentionally. And one does not accept the liability associated with the compelled benefit of any unrevealed contract or agreement. UCC § 1-308. Performance or Acceptance Under Reservation of Rights.(a) A party that 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. “I, a man reserve my right not to be compelled to perform under any contract or commercial agreement that one did not enter knowingly, voluntarily and intentionally. one does not accept the liability of the compelled benefit of any unrevealed contract or commercial agreement.” Typically all it takes to buy ones peace with the de facto government agent or official is a signature. In their mind, one have consented to waive your rights. However, if one writes the words, Without Prejudice above your signature, one is declaring that one ise not waiving any of ones rights under the Constitution or Common Law and any document containing the words Without Prejudice cannot be used as evidence against one, in Court or otherwise. Where an offer or admission is made without prejudice,... it is meant as a declaration that no rights or privileges of the party concerned are to be considered as thereby waived or lost... Blacks Law Dictionary. The following information comes from Bouviers 1914 Law Encyclopedia, under Compromise. It must be permitted of men to buy their peace without prejudice to them. It has been held that one may buy his peace by compromising a claim which he knows is without right (Daily v. King 70 Mich. 568, 44 N.W. 959) but the compromise of an illegal claim will not sustain a promise. Read v. Hitching. 71 ME 590. Documents Signed Without Prejudice are Not Admissible as Evidence It may, however, be considered settled that letters or admissions containing the expression in substance that they are to be without prejudice will not be admitted in evidence...an arrangement stating the letter was without prejudice was held to be inadmissible as evidence ... not only will the letter bearing the words, without prejudice but also the answer thereto, which was not so guarded, was inadmissible .... Ferry v. Taylor 33 Mo. 323, Durgin v. Somers, 117 Mass 55, Molyneaux v. Collier 13 Ga. 406. When correspondence had commenced without prejudice but afterwards those words were dropped, it was immaterial; 6 Ont 719. When one do not want to be presumed to be waiving rights or acquiescing to de facto statutes, one should sign all documents, without prejudice, above your signature. These documents cannot then be used as prima facia evidence against one . However if you are making claims that one may want to use as potential evidence in your favor, do not sign without prejudice.. Without Prejudice UCC 1-308, above ones signature, on an instrument will represent the following: 1. Not a promise to appear and vitiates perjury. 2. Enforces the Right to contract and the right to compromise an unconscionable contract. 3. Reserves all applicable Bill of Rights and Article III judicial Power. 4. Criminal intent must be brought forward to proceed. 5. Separation of Powers. 6. All Constitutional terms dealing with contracts, judicial and taxes. 7. Reserves personam jurisdictional issues. 8. Estoppel of subject matter only jurisdiction, and summary Admiralty. 9. Non-assumpsit. 10 Habeas Corpus. 11. Activating clause for police power at probable cause. 12. Disrupts Penumbra Doctrine. 13. Confession and avoidance. Miranda will be given for one to sign, reserve ones rights on this instrument by not becoming in personam at Rule 12 (b). Do not give up ones personam to power of attorney because one waives rights with each admission or tacit response answered by persons standing in your stead, which makes one in personam for accepting this benefit. Remain SILENT and the reservation will command one to Justice. Without Prejudice UCC 1-308 above ones signature not only puts a condition on an unconditional contract, but also reserves all your rights under Article III Judicial. Police power is void unless crime and probable cause exist. An unconstitutional statute, though having the form of law, is in reality, no law and imposed no duties, confers no rights, creates no office, bestows no power on anyone and justifies no actions performed under it. Am. Jur. 2d Sec. 256. The graduated income tax, for example,is unconstitutional only, if the man/woman abates its color of law, without Prejudice to him. Without Prejudice serves notice upon any agent, that one is not waiving any of ones state Bill of Rights. Beware of agency procedure and sign everything with The reservation to make the instrument non-assumpsit. Blacks. Non-assumpsit. The general issue in the action of assumpsit; being a plea by which the defendant avers, he did not partake or promise as alleged. But whenever the Judicial Power is called into play. It is responsible to the fundamental law and no other authority can intervene to force or authorize the judicial body to disregard it. Yakus v. U.S 321 U.S. 414 pg. 468 (1944). The officer may not know the Law and will probably proceed with whatever forum is to be taken per his training instructions. He is a ministerial officer of the court and is given very little discretional knowledge. When our Rights are violated by agency, we must cooperate with constitutional recourse and remedy. The agents must sign forms also and these become permanent record of the administrative process that will receive your judicial notice. Our state citizenship is brought forth along with our personam Rights, which do not mingle well with statute procedure. A court appearance would be to gain jurisdiction over your personam. I would suggest that for study purposes one answer politely, that you do not understand the charges, and without prejudice under Uniform Commercial Code 1-308, due to mistakes in fact and Law, I wish to remain silent. The magistrate will have to be very constructive in his color of law procedure because his boundaries to engage a man further are abated. Without contract or tacit admission to the jurisdiction, court action finished. Remember,~~~ one is in an Article I inferior court, brought by Admiralty and the only power this court has over the man/woman is to give Remedy~~ or>>>>> take the issue to the Grand Jury for indictment under Article III if there is criminal intent.
Posted on: Sat, 15 Mar 2014 05:45:03 +0000
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