If law is based on precedence

[ubik_heisenberg at freedom.net]

On Mon, 12 Mar 2001 15:52:17 -0800 (PST), Alan Olsen wrote:

>
>On Mon, 12 Mar 2001, Jim Choate wrote:
>
>> Why is the Constitution not the root precedent?
>
>Because that system gott r00ted long ago.
>
>We live in a country that is governed by how prosecutors feel about the
>case, not what the law says.

That's exaclty how Admiralty (military) law works.  It is in the contract that you signed by becoming a U.S. 
citizen that they can do whatever "laws" they want...

In Admiralty (U.C.C. and civil) court, the jury has only an advisory role to the judge, when there is one.

In essence, what counts most is not justice for the subject, but the integrity of the "boat".  The captain is 
the only authority on the boat.

>The game is rigged by the people running it.

No.  It is CONTRACT law, aka Admiralty Law, aka Roman Law, aka U.C.C.

>We don't have a fair legal system any more.

You have, under Anglo-Saxon Common Law (ASCL).  But you MUST claim it otherwise, UCC applies.  

In ASCL, you MUST void the claims against you.  UCC claims it has jurisdiction over you.  You must void 
their claim.

Putting "without prejudice" and "all rights reserved" are sufficient to reserve your rights.  But you must 
know what the "without prejudice" expression means.

The text "The UCC Connection: Free Yourself from Legal Tyranny" by the late Howard Freeman states:

-------------------------
                             Remedy

     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.  For example, if the French government
came to you and asked where you filed your French income tax in a
certain year,  do you  go to  the French  government and  say, "I
demand my  Constitutional Rights?"   No.   The  proper answer is:
THE LAW  DOESN'T APPLY  TO ME  --  I'M 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 the
UCC 1-207.

     UCC 1-207 goes on to say:


     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)


You have to make your claim known early.  Further, it says:


     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   --  in any way, shape or manner  --  under your signature
write:  Without Prejudice UCC 1-207.2  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.
---------------------------------------

This text was recently posted on the Cypherpunks.  If you want a repost, ask me.





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