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UCC - REMEDY AND RECOURSE
FULL REPORT.
Discovery.......................

Every system of civilized law must have two characteristics: Remedy and Recourse. Remedy is a way to get out from under that law, and you recover your loss. The Common Law, the Law Merchants, and even the Uniform Commercial Code all have remedy and recourse, but for a long time we could not find them. 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 their UCC. They are found right in the first volume, at 1-308 (old 1-207) and 1-103.

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 1-308 (old 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 Right?" 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 (pursuant to) the [their] U.C.C. 1-308 (old 1-207).

UCC 1-308 (old 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 1-308 (old 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 1-308 (old 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 1-308 (old 1-207). This reserves your rights. You can show, at 1-308 (old 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 1-308 (old 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 fined him an additional $25.00 for a frivolous defense. You must know what it means.

WITHOUT PREJUDICE
pursuant to UCC 1-308

When you see "Without Prejudice" UCC 1-308 in connection with your signature, you are saying:
"I reserve my right not to be compelled to perform under any contract, commercial agreement or bankruptcy that I did not enter knowingly , voluntarily , and intentionally . And furthermore, I do not and will not accept the liability of the compelled benefit of any unrevealed contract or commercial agreement or bankruptcy."

Actually, it is better to use a rubber stamp, because this demonstrates that you had previously reserved your rights. The simple fact that it takes several days or a week to order and get a stamp shows that you had reserved your rights before signing the document.

What is the compelled performance of an unrevealed commercial agreement? When you use Federal Reserve Notes instead of silver dollars, is it voluntary? No. There is no lawful money , so you have to use Federal Reserve Notes - you have to accept the benefit. the government has given you the benefit to discharge your debts with limited liability, and you don't have to pay your debts. How nice they are! But if you did not reserve your rights under 1-308 (old 1-207).7, you are compelled to accept the benefit, and are therefore obligated to obey every statute , ordinance and regulation of the government, at all levels of government - federal, state and local.

If you understand this, you will be asked to explain it to the judge when asks. And he will ask, so be prepared to explain it to the court. You will also need to understand UCC 1-103 - the argument and recourse.

If you want to understand this fully, go to a law library and photocopy these two sections from the UCC. It is important to get the Anderson [Anderson, Uniform Commercial Code , Lawyers Cooperative Publishing Company] edition. Some of the law libraries will only have the West Publishing version, and it is very difficult to understand. In Anderson, it is broken down with decimals into ten parts, and most importantly, it is written in plain English.

RECOURSE

The Recourse appears in the Uniform Commercial Code at 1-103.6, which says:

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 .

This is the argument we use in court:

The Code recognizes the Common Law. If it did not recognize the Common Law, the government would have had to admit that the United States is bankrupt, and is completely owned by its creditors. But, it is not expedient to admit this, so the Code was written so as not to abolish the Common Law entirely. Therefore, if you have made a sufficient, timely, and explicit reservation of your rights at 1-308 (old 1-207), you may then insist that the statutes be construed in harmony with the Common Law.

If the charge is a traffic, you may demand that the court produce the injured person who has filed a verified complaint. If, for example, you were charged with failure to buckle your seatbelt , you may ask the court who was injured as a result of your failure to "buckle up."

However, if the judge won't listen to you and just moves ahead with the case, then you will want to read to him that last sentence of 1-103.6 which states:

The Code cannot be read to preclude a Common Law action.

Tell the judge:
"Your Honor, I can sue you under the Common Law, for violating my right under the Uniform Commercial Code." I have a remedy, under the, UCC to reserve my rights under the Common Law. I have exercised the remedy, and now you must construe this statute in harmony with the Common Law, you must come forth with the damaged party."

If the judge insists on proceeding with the case, just act confused and ask this question:
"Let me see if I understand, Your Honor. Has this court made a judicial determination that the sections 1-308 (old 1-207) and 1-103 of the Uniform Commercial Code, which is the system of law you are operating under, are not valid law before this court?"

Now the judge is in a jamb! How can the court throw out one part of the Code and uphold another? If he answers, "yes," then you say:
"I put this court on notice that I am appealing your judicial determination."

Of course, the higher court will uphold the Code on appeal. The judge knows this, so once again you have boxed him into a corner.


Example to who it may concern...

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF THE STATE OF MONTANA

WESTERN DISTRICT

Dwane Eugene Kirkland

U.C.C 1-207 1-308 W/O PREJUDICE

406-363-5284



TO WHO IT MAY CONCERN,


I want to start out to let you know that I have the deepest respect for law enforcement.

I have the deepest respect for the constitution at the federal level and our states level.


I take my constitutional rights very serious. I always have -and will respect officers even though they have violated my rights.


Most officers really don’t seem to know there police powers. Under police powers there must be a victim or property damage before an arrest. They have proven to disobey the bill of rights at a state and federal level.


But it seems that officers make arrest to many individuals for victim-less crimes and illegal laws.


And they have limiting powers under the 10th amendment. Commerce versus private person.


However; I think some of your officers don't know the oath they have promised to preserve. TROOPER ADAM GANE MHP210-12C I.D. 1907


But however-I wanted to let you know personally that I am going to possibly

file a civil law suit against the ones that I find out who violates the law, the actual law.


before I do. I wanted to notify you why- and ask you to handle these matters I point out to you before any mitigation or litigation- on the conflicting laws that most officer are not aware of.


It seems the Montana Highway patrol officers ,Institutions do not know the locked laws.


Violating our nations fundamental basic necessities of life, and liberty capitalizing on it with judges and lawyers who know of the governmental schemes - and a conflict of interest of equity across the bench. (Estimated $18 for every $40 dollars collected for the judges and the lawyers across the bench)


Unconstitutional act is not law. It confers no rights and poses no duties,

affords no protections, and creates no office. It is in legal contemplation as inoperative though it had never been passed.




RECOURSE
The Recourse appears in the Uniform Commercial Code at 1-103.6, which says:
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.


US V. Bishop 412 U.S. 346 Defines willfulness as an evil motive or intent to

avoid a known duty or task under law with immoral certainty-


I am using the constitution and supreme court case so I am not using evil motives or intents.


16th Andrews prudent second section 97 says that it shall be interpreted in my

favor because I am the clearly intended and expressly designated beneficiary for the protection of my rights and

property.


I would ask our oath keepers to please call off your officers who are being bias and putting one self in danger and the danger of those who they serve.


Those who obstructed the private peoples freedom to travel. According to law obstruction the right to travel is a federal crime pursuant to federal criminal law (title 18 USC 241 242 1628)


I am no threat for the record. I am a person that lives by the common law. I am a bill of rights advocate, and a constitutional advocate, my studies have been for many years.


I am governed by republic by the founding fathers of our nation and

governed by the compact agreement within the states in harmony, by the

Constitutions of all sister states in correlation and to be construed in all matters.


Especially when there is a predicted victim and property damage or a violation against the Constitution at all levels. I just wanted to reach out for help. Before I take any other actions on our officers ,institutions operating under the chain of command. I truly feel oppressed, encroached, and boxed in to live looking over my shoulders. and to be forced in a military defense of position. But I know there is a right way to do things and this is why- I am writing you for help or support.


I also would protect life and limb,and protect the

Constitution of the United States,and all compact states that is in harmony

under article 6 paragraph 2. (FOREVER UNDER GOD,IN GOD WE TRUST)


Signature,________________________

Let the candid people , we the people document and record this for future civil issues upon the actual victim of infringement and encroachment. Claimed Constitutional officer, spc/Kirkland 406-363-5284 officerkirkland@icloud.com






Discovery federal

According to law Shapiro V. Thompson 394 U.S. 618 says the right to travel is so basic that it shouldn’t even be questioned.Murdoch V. Pennsylvania 319 U.S. 106 says no state may convert a secure liberty into a privilege and then issue a license and a fee for it.

Shuttlesworth V. Birmingham Alabama 373 U.S. 262 says I can ignore the license and engage in the right with impunity, that means you can’t punish me for it.

Norton V. Shelby County 118 U.S. 425 an unconstitutional act is not law. It confers no rights and poses no duties, affords no protections, and creates no office. It is in legal contemplation as inoperative though it had never been passed.

US V. Bishop 412 U.S. 346 Defines willfulness as an evil motive or intent to avoid a known duty or task under law with immoral certainty- I am using the constitution and supreme court cases so I am not using evil motives or intents.

16th Andrews prudent second section 97 says that it shall be interpreted in my favor because I am the clearly intended and expressly report designated beneficiary for the protection of my rights and property.

I live at the common law. I have right to work and travel freely without any obstruction of my fundamental rights and my life personal liberty and to pursue happiness, without any encroachment and without infringing or dictated by any third arbitrary third party -let be recorded and submitted into the common court I claim. At your request , I can give Montana state Constitution bill of rights report violations if in need. Thanks spc/Kirkland

Constitutional driver's license.. claim...to file,,

Affidavit of reservation of rights UCC 1-308/1-207
PUBLIC THIS IS A PUBLIC COMMUNICATION TO ALL Notice to agents is notice to principles Notice to principles is Notice to Agents Applications to all successors and assigns All are without excuse
Duane Kirkland , sui juris All rights reserved UCC 1-308/1-207
1115 S 3rd street Hamilton Montana 59840
Phone: Non-domestic without the United States
406-363-5284
Let it be known to all that I, Duane Kirkland, explicitly reserves all of my rights. See UCC 1-308 which was formally UCC 1-207.
“§ 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 retain all of my rights and liberties at all times and in all places, nunc pro tunc (now for then) from the time of my birth and forevermore. Further, I retain my rights 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. I am not ever subject to silent contracts and have never knowingly or willingly contracted away my sovereignty.
Further, I am not a United States citizen or a 14th amendment citizen. I am a State Citizen of the republic and reject any attempted expatriation. See 15 united States statute at large, July 27th, 1868 also known as the expatriation statute
Violation fee of my liberty is $250,000 per incident or per 15 minutes or any part thereof. Wherefore all have undeniable knowledge.
AFFIDAVIT
Affiant, Duane Kirkland, sui juris, a natural born Citizen of all sister states in its dejure capacity as a republic and as one of the several states of the union created by the constitution for the united States of America 1777/1789. This incidentally makes me an American national and a common man of the Sovereign People, does swear and affirm that Affiant has scribed and read the foregoing facts, and in accordance with the best of Affiant's firsthand knowledge and conviction, such are true, correct, complete, and not misleading, the truth, the whole truth, and nothing but the truth.
Signed By: ____________________________________sui juris, This Affidavit is dated_______________
NOTARY PUBLIC
State _____________________________County _____________________________ Subscribed and sworn to before me, a Notary Public, the above signed ,
Duane Kirkland,
This ______________ day of _____________________, ____________year
________________________________ Notary Public
MY COMMISSION EXPIRES: ______________
Sovereign Authority

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