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"Without Prejudice" Legal help please.

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the other one Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-29-06 06:23 PM
Original message
"Without Prejudice" Legal help please.
The Uniform Commercial Code
UCC, Section 1-207, states:

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.


Does including the words "Without Predudice" above your signature on any document or contract preserve rights which you might otherwise sign away?

Should I sign every document with the words "Without Prejudice"?

My driver's license? A credit card receipt?

If a person signs a legal confession with the words "without prejudice" is that confession admissable in court, or is it then considered to be coerced?

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DesEtoiles Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-29-06 06:32 PM
Response to Original message
1. No. I see that term in dismissals of lawsuits
preserving the plaintiff's right to sue again on the same facts and issues. Dismissed with prejudice is like a decision on the merits - it's done.
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ThomWV Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-29-06 06:37 PM
Response to Original message
2. The Key Here Is In The "Explicit Reservations"
I can see that and I don't even have a law degree. If you are explicit in your reservations then someone else's demands concerning your performance do not cancel out your reservations. In other words they can not be held blameless for your acts whereas, to the contrary, it might be found that you can. Kinda funny in a way.
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the other one Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-29-06 06:41 PM
Response to Reply #2
4. But isn't signing it "without prejudice" an explicit reservation in itself
?
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Blue_In_AK Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-29-06 06:38 PM
Response to Original message
3. Without prejudice
with regard to lawsuits means you can refile later if you come up with new info.
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the other one Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-29-06 06:44 PM
Response to Original message
5. Without Prejudice UCC 1-207, above your signature...
Without Prejudice UCC 1-207, above your signature, on an instrument will represent the following:

Not a promise to appear and vitiates perjury.
Enforces the Right to contract and the right to compromise an unconscionable contract.
Reserves all applicable Bill of Rights and Article III judicial Power.
"Criminal intent" must be brought forward to proceed.
Separation of Powers.
All Constitutional terms dealing with contracts, judicial and taxes.
Reserves "personam" jurisdictional issues.
Estoppel of subject matter only jurisdiction, and summary Admiralty.
Non-assumpsit.
Habeas Corpus.
Activating clause for police power at "probable cause."
Disrupts Penumbra Doctrine.

http://www.landrights.com/UCC_1-207.htm

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happyslug Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-29-06 08:53 PM
Response to Reply #5
7. The UCC covers the sale of Goods
NOT Constitutional Rights nor even the sale of real property. Stay away from Right wing libertarian site like the one you site.
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happyslug Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-29-06 08:50 PM
Response to Original message
6. Without Prejudice can have many meanings.
Edited on Wed Mar-29-06 08:55 PM by happyslug
First in a Confession involving Criminal actions, it is meaningless. Confessions are generally used by the District Attorney NOT to prove the truth of the Confession but to impeach the Defendant if and when he or she takes the Stand in her or his defense (the Confession even if illegally obtained can be used to impeach the testimony of the Defendant as a prior inconsistent statement). Thus writing "Without Prejudice" above your signature is useless in a CRIMINAL PROCEEDING.

Now most time this comes up in a Commercial Setup, if the check is made out to you and no other writing on the Check other than your name and the amount of the Check signing "without Prejudice" is again useless for all you are signing is the amount of the check which the term "Without Prejudice" does not address. Now if the Check says "In payment in full" above where you sign your name OR in the heading of the Check (I.e. Pay to the Order of X in full payment of the debt", then "Without Prejudice" can be shown that while you cashed the check you did NOT accept the check as payment in full of the debt (under protest as to what the check is for i.e. payment in full, does the same affect).

Such tricks use to be used by Companies to end litigation but having people sign their rights away without them even knowing it (By signing the check). The original UCC of 1954 was the start of the ending of this practice. Various Consumer protection laws of the 1960s and 1970s put the final nails in this coffin, but every so often it comes back up (The Federal Reserve also entered into this regulation by saying such writing on a check can not be process through the Federal Reserve which made such check useless for anything). Basically old practice no longer important except to understand some of the legal practices of the past.
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