9 ~ Common Law or Commercial Code
With excerpts from Howard
Freeman's “The UCC Connection”
country was founded by seemingly sincere Christians, so the American
common law is based on the laws set forth by God in the HOLY BIBLE
and are supported by all of the case law that has been decided in our
III, section 2 of the organic Constitution defines the kinds of
judicial power the courts have:
the common law - a crime exists only when there is a victim with
actual damages like a broken arm.
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.
- or commercial contract law originates in the rules of trade upon
the high seas between international merchants and is enforced by
- is armed enforcement of the laws of commerce(the law merchant)
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.
does one draw the line?
Uniform Commercial Code
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.
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.
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)
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)
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.
1-207 goes on to say...
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)
have to make your claim known early. Further, it says:
Sufficiency of the Reservation: any expression indicating an
intention to reserve rights is sufficient, such as "without
prejudice". (UCC 1-207.4)
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.
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
Prejudice UCC 1-207
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.”
1-207. Performance or acceptance under Reservation of Rights.
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.
PREJUDICE” UCC 1-207”
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.
Includes 3 new chapters:
- Right of Travel vs. Privelege to Drive
- Law of the Land vs. Law of the Sea
- A real life case of Kidnapping