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Uniform Commercial Law is not Federal Law

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  • The Handyman
    Uniform Commercial Code is not Federal Law Appearing in their courts is an adverse learning experience. I thought the UCC was federal law but apparently it
    Message 1 of 4 , Feb 15, 2011
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      Uniform Commercial Code   is not Federal Law

       

      Appearing in their courts is an adverse learning experience. I thought the UCC was federal law but apparently it is not. I have 14 days to appeal but is it worth the effort?

      Facts:

       

      I file a complaint in Federal Court to collect on a bad check after all state courts evade all questions presented and the U. S. Magistrate said: ”The uniform commercial law was an effort to harmonize state law. It is not itself the law, but the product of private efforts to make a recommendation of the law that should be adopted by the states. Its provisions can become law if adopted by a state.  Louisiana has not fully adopted the UCC. It is not federal law such that federal question jurisdiction might exist under 28 USC 1331.  Contrary to the allegations, the complaint does not assert any viable basis for federal jurisdiction.”?????????????

       
      "Blessed is the man who, having nothing
       to say, abstains from giving us worthy
      evidence of his stupidity."
    • Jake
      You ll find the UCC, or such parts of it as States have adopted, by going to the State statutes - e.g., in North Carolina, the UCC is Chapter 25 of the N.C.
      Message 2 of 4 , Feb 16, 2011
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        You'll find the UCC, or such parts of it as States have adopted, by going to the State statutes - e.g., in North Carolina, the UCC is Chapter 25 of the N.C. General Statutes & N.C. is one of the States that adopted the UCC in its entirety - no surprise that Louisiana isn't though.


        And @ the beginning of any Complaint, you must state who the parties are, how the court has jurisdiction over them & which federal statute(s) gives the court subject-matter jurisdiction.  The UCC most assuredly does not give a federal court jurisdiction & what the Magistrate told you is correct.  


        The UCC is merely a way of equalizing how commercial transactions across State lines are dealt with.  In other words, if you bought something from one State, had it delivered to where you live in another State & it turns out to be a "lemon", who's laws apply?  Those of the State the product came from, or those of the State where you live?  The UCC makes the laws regarding the transaction the same, taking discrepancies from one State to another out of the equation.


        ~ ~ ~


      • B Burgess
        Perhaps this will help: A Treatise on the Practice of Courts of Admiralty in Civil Causes of Maritime Jurisdiction By Andrew Dunlap published 1850
        Message 3 of 4 , Feb 16, 2011
        Perhaps this will help:

        A
        Treatise on the Practice of Courts of Admiralty in Civil Causes of
        Maritime Jurisdiction

        By Andrew Dunlap published
        1850

        <http://books.google.com/books?id=YXM9AAAAIAAJ&printsec=frontcover#v=onepage&q&f=false

        B. Burgess



        Uniform Commercial Code is not Federal Law

        Appearing in their courts is an adverse learning
        experience. I thought the UCC was federal law but apparently it is not. I have
        14 days to appeal but is it worth the effort?
      • Email41@aol.com
        Uniform Commercial Code is not Federal Law I. What is the UCC? The Uniform Commercial Code (UCC), a comprehensive code addressing most aspects of commercial
        Message 4 of 4 , Feb 16, 2011
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          Uniform Commercial Code   is not Federal Law

          I. What is the UCC?


          The Uniform Commercial Code (UCC), a comprehensive code addressing most aspects of commercial law, is generally viewed as one ofthe most important developments in American law. The UCC text and draftrevisions are written by experts in commercial law and submitted as drafts for approval to the National Conference of Commissioners on Uniform State Laws (now referred to as the Uniform Law Commissioners),in collaboration with the American Law Institute. The Commissioners areall attorneys, qualified to practice law, including state and federal judges, legislators and law professors from throughout the United Statesand its territories. These quasi-public organizations meet and decide whether to endorse these drafts or to send them back to the experts for revision. The revision process may result in several different revisionsof the original draft. Once a draft is endorsed, the Uniform Law Commissioners recommend that the states adopt these rules.

          The UCC is a model code, so it does not have legal effect in a jurisdiction unless UCC provisions are enacted by the individual legislatures as statutes. Currently, the UCC (in whole or in part) has been enacted, with some local variation, in all 50 states, the District of Columbia, and the Virgin Islands.

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