Every time you sign your name you are signing a contract. Many of these contracts are called adhesion contracts, which have hidden terms and conditions. Learn how to reserve your rights when signing these contracts, otherwise it will automatically be assumed that you have waived them. 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. You are claiming the right not to be compelled to perform under any contract that you did not enter into knowingly, voluntarily and intentionally. And you do 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 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.” Typically all it takes to buy your peace with the de facto government agent or official is a signature. In their mind, you have consented to waive your rights. However, if you write the words, Without Prejudice above your signature, you are declaring that you are not waiving any of your rights under the Constitution or Common Law and any document containing the words Without Prejudice cannot be used as evidence against you, 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 you do not want to be presumed to be waiving rights or acquiescing to de facto statutes, you should sign all documents, without prejudice, above your signature. These documents cannot then be used as prima facia evidence against you. However if you are making claims that you may want to use as potential evidence in your favor, do not sign without prejudice.. Without Prejudice UCC 1-308, above your 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 you to sign, reserve your rights on this instrument by not becoming in personam at Rule 12 (b). Do not give up your personam to power of attorney because you waive rights with each admission or tacit response answered by persons standing in your stead, which makes you in personam for accepting this benefit. Remain SILENT and the reservation will command you to Justice. Without Prejudice UCC 1-308 above your 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 citizen abates its color of law, without Prejudice to him. Without Prejudice serves notice upon any agent, that you are not waiving any of your 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 you 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 you further are abated. Without contract or tacit admission to the jurisdiction, it is finished. Remember, you are in an Article I inferior court, brought by Admiralty and the only power this court has over the sovereign Citizen is to give Remedy or take the issue to the Grand Jury for indictment under Article III if there is criminal intent. The 5th Amendment states; No person shall be held to answer for a capitol or otherwise infamous crime, unless on presentment of a Grand Jury. If there is no victim and criminal intent, there is no crime. 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 We The People are put in a circumstance of compromise, the only viable solution relies on The Uniform Commercial Code and its direct link to Thee Constitution of these united States of America. Contracts 1. Obligation of contract is law which binds parties to perform their agreement. Norfolk & Western Ry. Co. v. American Train Dispatchers Ass’n., 499 U.S. 117 (1991) 2. No contract exists unless parties agree on all of its material terms and conditions and nothing is left to future agreement. Browning v. Peyton, 918 F2d 1516 (11th Cir. 1990) 3. To have enforceable contract, parties must exchange consideration, and that ambiguity in contract will generally be construed against party who drafted contract. Kafka v. Bellevue, 999 F2d 1117 (7th Cir. 1993) 4. Contract can be avoided if it was induced by fraud, duress or misrepresentation. Goldman v. Bequai, 19 F3d 666 (D.C. Cir. 1994) 5. Contractual clauses purporting to waive constitutional rights must be clear and unambiguous. In RE Worker’s Compensation Refund, 46 F3d 813 (8th Cir. 1995) Contracts; How to reserve your RIGHTS! youtu.be/nHQdPJ9UbVU
Posted on: Fri, 14 Mar 2014 10:33:50 +0000
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