Common Law UCC
Common Law UCC
Common Law UCC
Posts: 11,005
Article III, section 2 of the organic Constitution defines the kinds of judicial power the courts have:
1. common law
2. equity
3. admiralty
4. maritime
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.
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.
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)
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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.
"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)
"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.
Like this:
First-Middle:Last
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.
NOTE:
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by Howard Freeman
"I send you out as sheep in the midst of wolves, be wise as a serpent and harmless as a dove."
This is a slightly condensed, casually paraphrased transcript of tapes of a seminar given in 1990 by Howard
Freeman. It was prepared to make available the knowledge and experience of Mr. Freeman in his search for an
accessible and understandable explanation of the confusing state of the government and the courts. It should
be helpful to those who may have difficulty learning from such lectures, or those who want to develop a deeper
understanding of this information without having to listen to three or four hours of recorded material.
The frustration many Americans feel about our judicial system can be overwhelming and often
frightening; and, like most fear, is based on lack of understanding or knowledge.
Those of us who have chosen a path out of bondage and into liberty are faced, eventually, with the seemingly
tyrannical power of some governmental agency and the mystifying and awesome power of the courts. We have
been taught that we must "get a good lawyer," but that is becoming increasingly difficult, if not impossible. If
we are defending ourselves from the government, we find that the lawyers quickly take our money and then tell
us as the ship is sinking, "I can't help you with that--I'm an officer of the court." Ultimately, the only way for us
to have even a 'snowball's chance' is to understand the RULES OF THE GAME, and to come to an
understanding of the true nature of the Law.
The lawyers have established and secured a virtual monopoly over this area of human
knowledge by implying that the subject is just too difficult for the average person to
understand, and by creating a separate vocabulary out of English words of otherwise common
usage.
While it may, at times, seem hopelessly complicated, it is not that difficult to grasp--are lawyers really as smart
as they would have us believe? Besides, anyone who has been through a legal battle against the government
with the aid of a lawyer has come to realize that lawyers learn about procedure, not about law.
The rest of the story here - do you own due diligence with this info:
UCC Connection
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Aaron Murakami
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I've seen a lot of for and against the UCC concept being the actual law in effect.
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Aaron Murakami
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You are under the jurisdiction, unless you speak otherwise that you are not.
Your silence (or ignorance of otherwise) in not saying you are not under the
jurisdiction, declares that you are under the UCC jurisdiction. Legal BS but fact.
Just saying you aren't doesn't cut it either.
You only need to know what makes you a player in the UCC game.
If you are not a player, you are not under UCC jurisdiction.
I also thought UCC was "the key". It might be the supreme law of the land,
but everyone under it's jurisdiction, volunteered to be so, MOST without knowing they had done so.
"Not Knowing" you volunteered by definition, null and voids said contract that placed you under that
jurisdiction.
What ? Yep, you MUST have knowingly volunteered, but even that alone does not make it valid.
When and how did you knowingly, with full knowledge, volunteer?
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I'll get to jurisdiction, but I have to lay some ground work first.
We are tricked into thinking that these "laws" which only apply to
an artificial creation applies to us, the non-artificial, flesh and blood person.
Smoke and Mirrors, you have been lied to get you to volunteer into contract,
but they are all VOID.
Three questions must be first answered before the contract can be enforceable:
1) whether the corporation does in fact exist. (In the minds of men and on paper exist?)
2) whether it has the capacity to enter into the contract and
3) whether the person signing on behalf of the corporation is, in fact, the authorized signatory.
(you are the authorized signatory of your corporation)
Example of voidable contract is one made when one of the parties is an infant. IE birth certificates.
The INFANT is required to void this contract.
Are you beginning to get the idea this is as close to real BS as it gets?
GENUINE CONSENT
Example of voidable contract, a misrepresentation is, by definition, a statement which is false
and which must have induced one of the parties to enter into the contract.
Does this statement sound like inducement to you : "Everybody must get a License" , IE: Drivers' license
Duress occurs when a person is forced to enter into the contract against his will.
Is not everyone under duress every time you "MUST" (so you have been told)
involuntarily (as in NOT of your free will) get (remember you "MUST") a license, a
registration, insurance, bank accounts, permits, auto inspection, etc. etc.
Undue influence, on the other hand, is more subtle. Like duress it results
in one party losing his free will to contract out.
Undue influence, hmmm, 12 years of SCHOOL telling us you are a citizen, your parents
telling you the same BS (unknowingly, of course) and all those other lies about licenses, etc.
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RED LETTER TEXT above are from Fundamentals of Contract Law by Luigi Frascati .
I am only a parrot trying to put into the words on this page that of what I've heard.
(Yes, heard with my ears and not read .. )
I can't cover everything in this posting that needs to be covered.
I'm only a beginner in learning and I'm probably getting some of it wrong
so don't shoot the messenger. Hear it from the horse's mouth and then
if you think it is required, shoot the horse.
So the following will be a bit disjointed ...
You shouldn't worry about this artificial you, it's in the Game, it's the player.
It isn't important other than to know it's not you.
You never need to address the this artificial you.
You can't be born into a political group, (or citizen) and therefore you must have
volunteered to be in this political group called a citizen, at least that
is how you get tricked into all this mumbo-jumbo legal BS of UCC.
Remember you can not be born into a Political group called citizen, you've been lied to.
This supreme law of the land which is supreme over a the totally artificial things
that only exist in the minds of men and on paper.
You must agree/volunteer to be a citizen (artificial Political group) and thus are under the Jurisdiction.
WHEN did you volunteer? What contract did you sign, that is was legal and VALID?
Was there full-disclosure of what that contract meant to you?
Never mind all those.
Amendment 13 - Slavery Abolished is the KEY to unlock the chains of Political Jurisdiction.
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party
shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
"involuntary servitude" IE: the Draft, mandatory registration for the Draft.
Hmmm, involuntary .. would not "mandatory" be involuntary?
If you are not under the jurisdiction, then it isn't a crime.
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The point is, claiming to be a citizen (artificial) or staying silent about it,
brings you under jurisdiction.
This isn't how to say out of the snake pit, but is enough to begin
to see the logic that prevents you from being entangled under the
Political Jurisdiction called UCC and only common law or equity applies
to flesh in the blood people.
There's much more .. the 14th add. is involved too
Learn why the constitution IS only a piece of paper,
again you've been lied to and "told" what it means...
Learn what amendments never applied to citizens.
Randy
I hope you can join me in learning more about staying out of the snake
pit. Learn via listening and/or type chat and/or phone in to ask questions.
Signup is free and required to type chat or ask questions, otherwise just listening does not require a signup and
is free.
PM me for link to learn more, meetings are every week night 9:00 PM EST
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Tesla quoting Buddha: "Ignorance is the greatest evil in the world."
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Sephiroth's
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Posts: 971
wow... I just noticed this thread! It is one of my favorite subjects after free energy
For any humans in the UK, here is a recording of the first Freeman on the Land conference in the UK.
It will also be useful for anyone in any commonwealth country, but it is most relevant to the UK.
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Enjoy!
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"Theory guides. Experiment decides."
“I do not think there is any thrill that can go through the human heart like that felt by the inventor as he sees
some creation of the brain unfolding to success... Such emotions make a man forget food, sleep, friends, love,
everything.”
Nikola Tesla
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Join Date: Jul 2008
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Quote:
wow... I just noticed this thread! It is one of my favorite subjects after free energy
For any humans in the UK, here is a recording of the first Freeman on the Land conference in the UK.
It will also be useful for anyone in any commonwealth country, but it is most relevant to the UK.
Enjoy!
Sephiroth,
On Freeman Conference UK Part 6 @ 21:30 they mention a Youtube user.
I'm a horrible speller and can not even begin to try to spell that users name.
Everyone please remember that when you are asked if you understand,
You make sure you say that you do not
UnderStand
Thanks
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Tesla quoting Buddha: "Ignorance is the greatest evil in the world."
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I haven't checked out his vids yet... I'm reading Mary Crofts book at the moment.
http://www.hackcanada.com/canadian/f...mary_croft.pdf
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"Theory guides. Experiment decides."
“I do not think there is any thrill that can go through the human heart like that felt by the inventor as he sees
some creation of the brain unfolding to success... Such emotions make a man forget food, sleep, friends, love,
everything.”
Nikola Tesla
Silver Member
Join Date: Jul 2008
Posts: 899
Thank you for the youtube link, I'll report about what I find.
I had much trouble obtaining valve from Mary's writings. Here is her web site blog.
You do get the idea there is much of valve there, but useful details are missing.
Maybe it's just me.
I just finished these Eye-opening Videos of the WHY of Everything (that's my take on it, not the authors)
Which was mentioned in the Freeman Conference UK videos.
As time grows shorter for meaningful thought, as events flood forth, after a point,
thought becomes the enemy. I worry now about the time I have left for
obtaining information that could be helpful while thought can still be useful.
Am I sounding like I'm already insane, does anyone understand this babble?
Randy
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Remember to be kind to your mind ...
Tesla quoting Buddha: "Ignorance is the greatest evil in the world."
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listening
Quote:
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Aaron Murakami
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iv just become aware of all this, so the way i read it is "the federal government only has jurisdiction in
washington D.C. but they can also have jurisdiction over me with there UCC laws if i voluntary become a US
citizen." so by staying silent or providing proof of SSN, name, birth cert, and driver licence and any other forms
of ID's or signed contracts makes me a US citizen.
So then what would i do if a state trooper pulled me over and said sir you where speeding let me see your
drivers licence, than i would say sorry officer i cant do that, than he would just say well i'll just run a check on
your licence plate but what if i didnt have a licence plate? than he could run the VIN on the car but
what if the car was not registered, than he would say let me see your insurance but what if i didnt have
insurance? I thank after that he would call back up and say sir put your hands behind your back your
underaresst.
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For example, just following these steps would get you into a deeper quagmire
because you must know the concepts before taking action.
You can't use a bank account without a Social Security Number, Cash only.
Prepaid Credit Card can be purchased at Walmart, just like a phone card.
You must understand the truth that you don't know when you were born.
Everybody on this Planet does not know when they were born.
You were told about the Ester Bunny, Tooth Fairy and Santa Claus
and you were told when you were born.
You were told you were born.
You don't have any first hand knowledge how you come into being.
You don't know.
If your Name and Birth Date were tattooed upon your BUTT on the day
you were born, you still would not know via first hand knowledge that either one was true.
You change your name. The born name you were told was your name.
Now you know your name, because you selected it.
The only time a Birth Name or a Birth Date becomes important is if you are
involved with the political government, otherwise neither one is required to function in daily life.
No forms to fill out, You just change your name. It dominoes from there.
New name and an unknown birth date which means you can't legally obtain a birth cert.
No birth cert, you can not obtain a driver's license.
About that jail thing, that part requires lessons to be learned also.
Your mind IS in jail right now, isn't it?
That's a good thing, most don't understand that much.
What's a little time spent in physical jail compared to being in one 24/7?
There isn't a crash course available, so it's best to learn this stuff
before getting yourself into jail.
I hate posting because whatever I say is never enough to cover the subject.
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P.S.
I wish not this thread to become a debate about the teacher or his teachings
and thus I am not posting links here.
Nor I am qualified to take his role in answering questions about his teachings.
It's like going on a safari into the jungle, without a guide, you could become
confused or lost or turn back and I don't wish that to happen.
With that said, reluctantly here is the 14th Amendment explained by the teacher on Dec 28, 2005 and
yes he is still teaching live 5 days a week.
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Tesla quoting Buddha: "Ignorance is the greatest evil in the world."
Posts: 482
Hi Vortex;
As I understand it, this is the form to get out from under their thumb.
Al
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Quote:
Hi Vortex;
As I understand it, this is the form to get out from under their thumb.
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Al
NO absolutely NOT NO
ANTIQUER, read 14th Amendment explained
ANTIQUER said: " points stated make the case pretty clear"
Ok, clear to you as a non legalese expert ?, that's how we the non-legalese
language users keep getting suckered. "points seemed pretty clear."
That's the game, to make you think you know what is going on.
legalese : the specialized language of the legal profession
Business done in the legal play ground has to be done using only legalese.
Their rules, their game, their playing field and you MUST use their words.
Do you really want thier play in that game?
Would you send that document or any other such document to the
manager of Walmart? Of course not, he/she has no authority over you
unless you work there at that Walmart.
No authority, no action, no document.
If the manager of Walmart walks up to you and tells you to mop the floor
what are you going to do if you don't work there?
It's obvious the manager has mistaken you as a citizen, I meant employee.
Exactly, same difference.
He thinks you signed up voluntarily, filled out the employee contract.
No big problem really and you instruct him otherwise, the manager assumed
and was mistaken.
You don't seek out the manager of Walmart and tell he/she "I'm not going to
follow any orders you might give me." That's crazy, right?
Well that manager is going think you are crazy and you could end up in deep trouble, might you?
The authority believes they have authority like the mistaken manager of Walmart.
Same difference.
But you don't go hunting them down and getting in their face and tell them listen to me...
Understanding comes with time, some of what the UCC folk teach is of value
for understanding whys, but NOT the hows.
A lot is like walking on razor blades.
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Randy
I strongly suggest you watch this
video to get a feel of what this legalese IS.
Theft By Deception - Deciphering The Federal Income Tax
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I've downloaded the HTML and Text files of this law dictionary.
In addition to the files found online, I've merged the HTML A-Z into a single file for easy "in your browser"
text searching.
Those files/dictionary are found here for your offline use.
Randy
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Article III, section 2 of the organic Constitution defines the kinds of judicial power the courts have:
1.common law
2.equity
3.admiralty
4.maritime
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.
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I looked up Article III, section 2 of the organic Constitution, Googled it and I got this:
Soma
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Hi Everyone :)
Hey guys, I am just starting out studying about the UCC and the strawman. I want to know if anyone give me
advice on how to start and what to study. My mother is also having legal troubles and I want to help her, but I
don't really know what to do. If anyone can help please respond. Thanks!
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Placing fringe on the national flag, the dimensions of the flag, and the arrangement of the stars are matters of
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detail not controlled by statute, but within the discretion of the president as Commander-in-Chief of the army
and navy.” 1925, 34 Op.Atty.Gen 438.
“Pursuant to the “Law of the Flag”, a military flag does not result in jurisdictional implication when flown. The
Plaintiff cites the following: “Under what is called international law, the law of the flag, a ship owner who sends
his vessel into a foreign port gives notice by his flag to all who enter into contracts with the shipmaster that he
intends the law of the flag to regulate those contracts with the shipmaster and that he submit to its operation
or not contract with him or his agent at all” – Ruhstrat v People, 57 N.E., 41, 45, 185 ILL, 133, 49 LRA 181, 76
AM.
“This power is as extensive upon the land as upon the water. The constitution makes no distinction in that
respect, and if the admiralty jurisdiction, in matter of contract and tort which the courts of the United States
may lawfully exercise on the high seas, can be extended to the lakes under the power to regulate commerce, it
can with the same propriety and upon the same construction, be extended to contracts and torts on land when
the commerce is between the different States. And it may embrace also the vehicles and persons engaged in
carrying it on. It would be in the power of Congress to confer admiralty jurisdiction upon its courts, over the
cars engaged in transporting passengers or merchandise from one State to another, and over persons engaged
in conducting them, and deny to the parties the trial by jury. Now the judicial power in cases of admiralty and
maritime jurisdiction, has never been supposed to extend to contracts made on the land and to be executed on
land. But if the power of regulating commerce can be the foundation of jurisdiction on its courts, and a new
and extended admiralty jurisdiction beyond its heretofore known and admitted limits, may be created on the
water under that authority, the same reason would justify the same exercise of power on th eland.” – Propeller
Genessee Chief et al. v. Fitzhugh et al. 12 How. 443 (U.S. 1851)
‘Next to revenue (taxes) itself, the late extensions of the jurisdiction of the admiralty are our greatest grievance.
The American Courts of Admiralty seem to be forming by degrees into a system that is to overturn our
Constitution and to deprive us of our best inheritance, the laws of the land. It would be thought in England a
dangerous innovation if the trial, of any matter on land was given to the admiralty.” Jackson v Magnolia, 20
How. 296 315 (U.S. 1852)
This began the most dangerous precedent of all Insular cases. This where Congress took a boundless field of
power. When legislating for the States, they are bound by the Constitution, when legislating for their insular
possessions they are not restricted in any way by the Constitution. Read the following quote from Harvard law
review of AMERICANS INS. CO. V. 356 BALES OF COTTON, 26 U.S. 511, 546 (1828), relative to our insular
possessions:
These courts then are not Constitutional courts in which the judicial power conferred by the constitution on
the general government can be deposited. They are legislative courts, created in virtue of the general right of
sovereignty which exists in the government, or in virtue of that clause which enables congress to make all
needful rules and regulations respecting the territory belonging to the united States. The jurisdiction with
which they are invested is not part of that judicial power which is conferred in the third article of the
constitution, but is conferred by congress in the execution of those general powers which that body posses over
th eterritories of the United States.” -- Harvard Law Review, Our New Possession, page 481.
“…[T]he United States may acquire territory by conquest or by treaty, and may govern it through the exercise
of the power of Congress conferred by Section 3 of Article IV of the Constitution….” “In exercising the power,
Conress is not subject to the same constitutional limitations, as when it is legislating for the United States,
….And in general the guaranties of the Constitution, save as they are limitations upon the exercise of the
executive and legislative power when exerted for or over our insular possession, extend to them only as
Congress, in the exercise of the executive and legislative power over territory belonging to the United States,
has made those guarantees applicable,” – Hooven & Allison & Co. vs Evatt, 324 U.S. 652 (1945)
“It will be an evil day for American liberty if the theory of government outside of the supreme law of the land
finds lodgment in our constitutional jurisprudence. No higher duty rests upon this court than to exert its full
authority to prevent all violation of the principles of the constitution.” – Downs vs Bidwell, 182 U.S. 244 (1901)
“It is only with the extent of powers possessed by the district courts, acting as instance courts of admiralty, we
are dealing. The Act of 1789 gives the entire constitutional power to determine “all civil causes of admiralty and
maritime jurisdiction,” leaving the courts to ascertain its limits, as cases may arise.” – Waring et al, v. Clarke,
Howard 5 12 L, ed. 1847.
No reference: claimed; 1845 Congress passed an act saying Admiralty law could come on the land. The bill may
be traced in Cong. Globe, 28th Cong., Session 43, 320, 328, 337, 345(1844-1845), no opposition was reported.
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Corpus delicti (plural: corpora delicti) (Latin: "body of crime") is a term from Western jurisprudence referring
to the principle that a crime must have been proven to have occurred before a person can be convicted of
committing that crime. For example, a person cannot be tried for larceny unless it can be proven that property
has been stolen. Likewise, in order for a person to be tried for arson it must be proven that a criminal act
resulted in the burning of a property. Black's Law Dictionary (6th ed.) defines "corpus delicti" as: "the fact of a
crime having been actually committed."
As fare as i'm aware, this mean that that the court has to produce the injured party as far as parking tickets go,
as they cant produce an injured party so the case should be thrown out?
Thanks, still learning :-)
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I have spent about 2 hrs on this site reading every statement. OK so where to Start on becoming a Freeman? Also my
only source of income is Social Security disability. Should I do this? I do want this for my wife and children. Someone
Please HELP.
Thanks
Dale
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Tons of misinformation
This entire thread is full of misinformation. It's clear that none of you understand what the UCC is, and, more
importantly, what it isn't.
I'm sure that this post will be summarily deleted along with my account, but I felt it my obligation to try to let
someone reading it know that what you're selling here is a bunch of worthless, pseudo-legal nonsense.
If it were just a bunch of guys talking about fringe theories, that would be fine...Unfortunately, real people are
hurt by these theories. Gullible people believe this stuff and try to use it in court and end up in jail, owing a lot
of money, or both.
If anyone here is interested in understanding the UCC, I'm more than willing to help. The truth, however, is
nowhere near as interesting as the outlandish fiction that has been propounded in this thread.
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Ucc
Quote:
If anyone here is interested in understanding the UCC, I'm more than willing to help. The truth, however, is
nowhere near as interesting as the outlandish fiction that has been propounded in this thread.
Then post something that will help everyone understand what you believe to be the truth.
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Sincerely,
Aaron Murakami
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Applicability of UCC
First, it's important to remember that the UCC isn't law. It wasn't written by legislators. It was written by the
American Legal Institute. It is simply a model set of laws that states can choose to adopt, modify, or reject.
Every state has adopted at least part of the UCC, but significant changes have been made from state to state.
Most importantly, however, is the scope of the UCC. It is simply a set of proposed laws about commercial
transactions. It has nothing to do with a person's civil rights or status before a court. It also has nothing to do
with birth certificates or criminal prosecutions.
This thread's title says it is about § 1-308 of the UCC, so I'll start there. That particular provision is about
contracts. The section says:
(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.
The general structure of contract law is offer and acceptance. One party makes an offer and another party
accepts it or rejects is. A counter-offer is a rejection and an offer which the original party is free to accept or
reject. Generally, offers are accepted by simply manifesting assent (Saying, "I agree"). Some offers, however,
can be accepted by performance. "Performance" in contract law simply means doing whatever the contract
requires one to do.
§ 1-308 is designed to address situations where a party wants to accept the contract and perform on it, but
doesn't want to give up certain rights as a result. This can occur when a particular term in the contract is not to
the party's liking, etc. In such cases, the accepting party can perform on the contract after explicitly reserving
rights and thereby not be bound by the offending term. Let me give an example.
I give you $100 today. Tomorrow, I ask for it back. You tell me, "that was a gift." I say, "no, it wasn't. If you
don't give me back the $100, I'll charge you interest of $10 a day until you do." A week passes, and I tell you,
"You now owe me $170 including interest, but I want the $100 now."
Now you're in a situation where you're under no legal obligation to give me a dime, but you'd like to end the
situation now so you're willing to give me $100 back, but you'll be damned if you'll ever pay me interest on it.
In such a situation, you can write me a check for $100 reserving your rights so that I can't come back later and
say that you writing the check was an admission that you owed me the money, and therefore the interest.
It's not sexy. It's not exciting. It's not some way to exempt yourself from law.
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This statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate
any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured
to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the
same).
It further makes it unlawful for two or more persons to go in disguise on the highway or on the premises of
another with the intent to prevent or hinder his/her free exercise or enjoyment of any rights so secured.
Punishment varies from a fine or imprisonment of up to ten years, or both; and if death results, or if such acts
include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated
sexual abuse, or an attempt to kill, shall be fined under this title or imprisoned for any term of years, or for life,
or may be sentenced to death.
This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or
custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities
secured or protected by the Constitution and laws of the U.S.
This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to
willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those
prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or
race.
Acts under "color of any law" include acts not only done by federal, state, or local officials within the bounds or
limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority;
provided that, in order for unlawful acts of any official to be done under "color of any law," the unlawful acts
must be done while such official is purporting or pretending to act in the performance of his/her official duties.
This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons,
Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances,
or customs.
Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such
acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined
or imprisoned up to ten years or both, and if death results, or if such acts include kidnapping or an attempt to
kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall
be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Al
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You bring up a federal criminal statute as if it's relevant to the UCC. It isn't. The UCC has no criminal
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application whatsoever.
I'm starting to think that the ideas in this thread are just another derivation of the "sovereign citizen" nonsense
that has universally been rejected in every court.
If you're interested in discussing theoretical meanings to laws that you don't understand, then this thread is a
good place to start. If, however, you want to really understand how courts and the law operates, this thread is
of no use whatsoever.
I sincerely hope that none of the 66,000+ views of this thread resulted in someone actually trying to use any of
this nonsense in court. People suffer real harm when they believe this stuff and make decisions because of it.
Wesley Snipes served over 2 years in federal prison because of it, and many other less known people have
suffered as much or worse.
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Quote:
People suffer real harm when they believe this stuff and make decisions because of it. Wesley Snipes served
over 2 years in federal prison because of it, and many other less known people have suffered as much or worse.
Wesley Snipes was facing 16 years in prison and $50,000,000 in fineswhen the IRS unfairly prosecuted him
for tax evasion and tax fraud in what the New York Times called, “the most significant tax trial in two decades.”
Hired only three weeks before Snipes tax evasion trial began, Wesley Snipes attorney Robert Barnes,
engineered a “stunning” legal defense leading to Wesley Snipes full acquittal on all tax evasion and tax fraud
charges.Wesley Snipes is an innocent man.
A jury of twelve men and women said so.
- They said so unanimously when the government charged Wesley Snipes with criminal tax conspiracy,
acquitting him of all conspiracy charges.
- They said so unanimously when the government charged Wesley Snipes with criminal fraud, acquitting him
of all fraud charges.
- Nine of the twelve agreed Wesley Snipes was innocent of any misdemeanor failure to file charge.
- Three jurors, who later admitted lying to get on the jury, led to three misdemeanor convictions.
Al
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Copy/paste all you want, but the fact is that such arguments have always lost in court. This is why spreading
misinformation like this is so harmful
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Quote:
Copy/paste all you want, but the fact is that such arguments have always lost in court. This is why spreading
misinformation like this is so harmful
Al
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He was convicted of three counts of willfully failing to file a tax return un 23 U.S.C. § 7203. He went to prison
for it. On top of that, he has to pay all of the taxes he failed to pay.
That's what happens to people who believe the lies spread by "sovereign citizen" advocates. People who do
believe such nonsense and use it in court always lose.
Once Again, Sovereign Citizens Making Life Difficult for Sane People | Law Blog
“Sovereign Citizens” leader heads to jail on tax fraud - Salon.com
Sovereign citizen members jailed for selling vacant homes | 11alive.com
To those of us who actually study and work with the law, the "sovereign citizen" stuff initially looks like
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comedic gibberish until we start to see the very real harm that comes upon good people who get caught up in
believing the stuff. People lose everything they have because some guy on the internet, using pseudo-legalese,
convinced them that there was some secret underground system of laws they could use to exempt themselves
from some obligation or another. Usually, the victims are already in a desperate situation such as facing
foreclosure, etc., so they are easy prey to these snake-oil salesmen.
The remedy for false speech is more speech. I'm just trying to do my part to provide some truth for anyone who
might come here looking for a magic solution to his/her problem.
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Second, whatever the doctrinal underpinnings of tribal sovereignty may be, it is clear that the sovereignty of
American Indian tribes has been progressively and systematically diminished by the actions of the federal
government, including the Supreme Court.
Al
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