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Remedy & Recourse
Every system of civilized law must have two characteristics: Remedy and Recourse. Remedy is a way to get out from under that law. The Recourse is if you have been damaged under the law, you can recover your loss. The Common Law, the Law of Merchants, and even the Uniform Commercial Code all have remedy and recourse, but for a long time we could not find it. If you go to a law library and ask to see the Uniform Commercial Code, they will show you a shelf of books completely filled with the Uniform Commercial Code. When you pick up one volume and start to read it, it will seem to have been intentionally written to be confusing. It took us a long time to discover where the Remedy and Recourse are found in the UCC. They are found right in the first volume, at 1-207 and 1-103.
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 under another...
...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 the U.C.C. 1-207...
.Whenever you sign any legal paper that deals with Federal Reserve Notes--in any way, shape or manner--under your signature write: Without Prejudice UCC 1-207. This reserves your rights. You can show, at 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 that he was not prejudiced 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...
...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. And furthermore, I do not accept the liability of the compelled benefit of any unrevealed contract or commercial agreement.'...