"Without Prejudice UCC 1-308"
When a written answer is required "Without Prejudice UCC 1-308" and agency is on formal notice that your property entitlement’ to ‘privilege’ and ‘immunity are not waived, voluntarily. Example: Your Honor, my use of Without Prejudice UCC 1-308 above my signature on this document indicates that I have exercised the Remedy provided for me in the Uniform Commercial Code in Book 1 at Section 308, whereby I may reserve my Common law right not to be compelled to perform under any contract, commercial agreement, or bankruptcy, that I have not entered into knowingly, voluntarily, and intentionally. Reservation serves notice upon all administrative agencies of government national, state and local that I do not, and will not, accept the liability associated with the compelled benefit of any unrevealed commercial agreement If an agent were to presume you are made liable via presentment, would you know what to say? Without prejudice should be your response or you waive Rights of rebuttal, it is that simple. No crime may be actioned without Thee Peoples knowledge and probable cause must be present. The RIGHT of THE PEOPLE to petition for redress of grievance is guaranteed by the First Amendment, U.S. Constitution. Black’s. Subject Matter Jurisdiction. Term refers to courts competence to hear and determine cases of the general class to which proceedings in question belong; the power to deal with the general subject involved in the action. Standard Oil. v. Montecatini Edison S. p. A., D.C. Del., 342 F.Supp. 125, 129. The Federal Civil Judicial Procedure and Rules book, Rule 12(b). Defenses and Objections; (b) the following defenses may at the option of the pleader be made by motion: (1) lack of jurisdiction over the subject matter. (2) lack of jurisdiction over the PERSON A motion making any of these defenses shall be made before pleading(h) (3) Whenever it appears by suggestion of the parties or otherwise that the court lacks jurisdiction of the SUBJECT MATTER, the court shall dismiss the action. A state citizen arrest cant only come from probable cause’ with ‘criminal intent and warrant prior to arrest. 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 Example: Your Honor, my use of Without Prejudice UCC 1-308 above my signature on this document indicates that I have exercised the Remedy provided for me in the Uniform Commercial Code in Book 1 at Section 308, whereby I may reserve my Common law right not to be compelled to perform under any contract, commercial agreement, or bankruptcy, that I have not entered into knowingly, voluntarily, and intentionally. Reservation serves notice upon all administrative agencies of government national, state and local that I do not, and will not, accept the liability associated with the compelled benefit of any unrevealed commercial agreement. Black’s. Unconscionability. Is generally recognized to include an absence of meaningful choice on the part of one of the parties, to a contract together with contract terms which are unreasonably favorable to the other party. Gordon v. Crown Central Petroleum Corp., the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result. (2) When it is claimed or appears (presumptive) to the court (inferior) that the contract or any clause thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to its commercial setting, purpose and effect to aid the court in making the determination. UCC 2-302. 42 U.S.C.A. 1983 is the venue to sue the individual agent or judge who does not follow his oath to the Constitution and uses color of law to obligate. When your rights have been waived, you are in personam subject matter, and your activities are regulated and voluntary, as the good soldier and bad trapper. Presumption and legal form are to invent, presume, and imply. The citizen performs the obligation by oath and gets the bill one-way or the other. An unconditional signing under penalty of perjury makes an issue criminal in any court. Federal rules of procedure Black’s. Presumption. In ALL civil actions and proceedings not otherwise provided for by Act of Congress or by these rules, a presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption, but does not shift to such party the burden of proof in the sense of the risk of nonpersuasion, which remains throughout the trial upon the party on whom it was originally cast. Federal Evidence Rule 13. Acts of Congress cannot provide rules of procedure for the citizen of Article III; In propria persona. In ones own proper person. It was formerly a rule in pleading that pleas to the jurisdiction of the court must be plead in propria persona, because if pleaded by attorney they admit the jurisdiction, as an attorney is an officer of the court, and he is presumed to plead after having obtained leave, which admits the jurisdiction. DEUTERONOMY CHAPTER 19 One witness shall not rise up against a man for any iniquity, or for any sin, in any sin that he sinneth: at the mouth of two witnesses, or at the mouth of three witnesses, shall the matter be established. The declaration answers agency with a Wall of Law, irrefutable notice of entitlement.An agent would be a fool to action color of Law to force the obligation without voluntary assent. UCC 1-308.3 Sufficiency of reservation. An expression indicating ANY intention to preserve rights is sufficient, such as without prejudice, under protest,under reservation, or with reservation of all our rights. If asked about UCC 1-308 just say: Just say Rights Notice, and go mute. You are neither a barrister, nor knowledgeable in the Law and are without Competent Counsel and wish to remain silent and await the Grace of proclivity. I signed a W-4 Without Prejudice UCC 1-308 above my signature and wrote EXEMPT in the proper place, it was all over. No more expectation of voluntary taxes going to the IRS or State. Three years have passed, and not a single letter from the IRS, FTB or other Penumbra tax engraft. Your rights exist ONLY if you declare your entitlement to them as representative of your personam signature. Agency must assert their rights to the condition in a timely manner or lose the issue by estoppel. Representation by lawyer also binds persons to Maritime jurisdiction and you waive Rights. If you are an artificial person or sovereign citizen and have a negotiable contract, the codes will force agency to follow the rules of charter, but may not estop the issue. An entitled state Citizen has agency against the wall. W-4 is dead in Law because a condition exists upon the now non-negotiable unit. A satisfaction and accord is now present on the instrument as estoppel and the reservation of rights cannot be displaced by the code. "His [the attorney's] first duty is to the court, not to the client, and wherever the duties he owes to the client conflict with the duties he owes to the court, as an officer of the court in the administration of justice, the former must yield to the latter." Corpus Juris Secundum, Attorney & Client, Sec. 4, pg 802. |