Re: [tips_and_tricks] Uniform Commercial Law is not Federal Law
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.
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- Perhaps this will help:
Treatise on the Practice of Courts of Admiralty in Civil Causes of
By Andrew Dunlap published
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?
- 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.