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Topic: Admiralty law


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  Admiralty - Wex
Admiralty law or maritime law is the distinct body of law (both substantive and procedural) governing navigation and shipping.
Admiralty law in the United States developed from the British admiralty courts present in most of the American colonies.
Since admiralty courts, however, are courts of limited jurisdiction (which does not extend to nonmaritime matters), 28 USC §; 1333(1), the "Savings to Suitors Clause," does provide for concurrent state jurisdiction so that non-admiralty remedies will not be foreclosed.
www.law.cornell.edu /topics/admiralty.html   (636 words)

  
  Admiralty law - Open Encyclopedia   (Site not responding. Last check: 2007-10-17)
Admiralty law (usually referred to as simply admiralty and also referred to as maritime law) is a distinct body of law which governs maritime questions and offenses.
Under conventions of international law, the flag flown by a ship generally determines the source of law to be applied in admiralty cases, regardless of which court has personal jurisdiction over the parties.
Admiralty law was introduced into England by Eleanor of Aquitaine while she was acting as regent for her son King Richard the Lionhearted.
open-encyclopedia.com /Admiralty_law   (205 words)

  
 Encyclopedia: Admiralty law   (Site not responding. Last check: 2007-10-17)
Admiralty law (usually referred to as simply admiralty and also referred to as maritime law or Law of the Sea) is a distinct body of law which governs maritime questions and offenses.
In the United States, admiralty is under the jurisdiction of the United States district courts and appeal from judgments in admiralty case lies to the United States courts of appeals.
Admiralty Courts assume jurisdiction by virtue of the presence of the vessel in its territorial jurisdiction irrespective of whether the vessel is national or not and whether registered or not and wherever the residence or domicile or their owners may be.
www.nationmaster.com /encyclopedia/Admiralty-law   (1672 words)

  
 Encyclopedia topic: Admiralty law   (Site not responding. Last check: 2007-10-17)
Admiralty law (usually referred to as simply admiralty and also referred to as maritime law) is a distinct body of law (The collection of rules imposed by authority) which governs maritime questions and offenses.
However, admiralty courts in the United States are courts of limited jurisdiction, so state courts (additional info and facts about state courts) have concurrent jurisdiction in admiralty when state law claims are at issue.
Moreover, state courts may have jurisdiction in admiralty when the matters being adjudicated are local in nature.
www.absoluteastronomy.com /encyclopedia/a/ad/admiralty_law.htm   (179 words)

  
 Admiralty and Maritime Law Guide - Circuit Court Admiralty Cases - Admiralty Jurisdiction
Admiralty Jurisdiction: navigability for admiralty jurisdiction purposes requires that the body of water support commercial activity, thus there is no admiralty jurisdiction in a case arising from an injury that occurred on a body of water that was only used for non-commercial purposes.
The district court therefore erred in dismissing plaintiff's necessaries lien claim for lack of subject matter jurisdiction, which dismissal was based on a finding that the contract between plaintiff and the vessel interests was not wholly maritime and that its maritime portion could not be severed from its non-maritime portion without prejudice to the vessels.
Admiralty Jurisdiction: since there was no admiralty jurisdiction over this dispute concerning the aborted contract to sell a yacht, the court lacked subject matter jurisdiction and had no power to adjudicate either the in rem admiralty claims or the supplemental state law claims.
www.admiraltylawguide.com /ccjurisdiction.html   (424 words)

  
 History of Admiralty Law
Admiralty, or maritime law, consists of the rules and principles- derived from custom, judicial decisions, legislative enactments and international treaties-that govern the legal relationships arising from the transportation of passengers and cargoes on the high seas and other navigable waters.
The principal parties affected by the law of admiralty are the crew, the shipowner, the cargo owner, the charterer and the marine insurer.
Admiralty is an ancient legal system deriving from the customs of the early Egyptians, Phoenicians and Greeks who carried an extensive commerce in the Mediterranean Sea.
www.marlegal.com /mlhist.html   (608 words)

  
 Read about Admiralty law at WorldVillage Encyclopedia. Research Admiralty law and learn about Admiralty law here!   (Site not responding. Last check: 2007-10-17)
Classical sources of this law include the Rhodian law, of which no primary written specimen has survived, but which is alluded to in other legal texts; Roman and Byzantine legal codes; and the customs of the
United States district courts and appeal from judgments in admiralty case lies to the United States courts of appeals.
Article III of the United States Constitution, the Supreme Court is the court of last resort for all cases arising under admirality law, although only a few cases on each term's docket will actually deal with admiralty claims.
encyclopedia.worldvillage.com /s/b/Admiralty_law   (311 words)

  
 Admiralty Law   (Site not responding. Last check: 2007-10-17)
Admiralty jurisdiction over contracts involving cargo traditionally exists when the contract is maritime, that is, the contract is concerned with getting a ship and its cargo from one point to another, including the chartering of the vessel, carriage of goods or passengers, loading and discharge of cargo, and obtaining voyage supplies, repairs, and towing.
Under Florida law, an award of prejudgment interest is appropriate when a fact finder determines that the plaintiff suffered an actual out-of-pocket loss prior to the entry of judgment.
The court held that the typewritten clause "`English law to apply'" was a specific clause that preempted the boilerplate clause paramount.
review.law.mercer.edu /articles/50410.htm   (5137 words)

  
 University of Miami School of Law: Admiralty Research Guide
Admiralty law and maritime law are virtually synonymous and are concerned with commerce and navigation over navigable inland waters and the oceans.
The source of admiralty law is an individual state whereas, law of the sea is international law that governs the behavior of countries with regard to such things as marine pollution.
Because of admiralty law's international scope, the holding in the United States case you are researching may affect the affairs of other countries.
library.law.miami.edu /admiralty.html   (1615 words)

  
 COMMON LAW 1
Admiralty Law encompasses all controversies arising out of acts done upon or relating to the sea, and questions of prize.
The Law or Hebrew word for Law, the TORH (pronounced Tor-ah) was the basis of Hebrew religion and society.
This is the law of commerce, whereas the Common Law was the law that had to do with the land, and with the people of the land.
www.detaxcanada.org /cmlaw1.htm   (2454 words)

  
 School of Law - University of Southampton   (Site not responding. Last check: 2007-10-17)
To give students a thorough knowledge and understanding of the main principles of Admiralty Law and the commercial, safety and environmental policies and values which underpin it.
You will be expected to consider what the law is, and what it ought to be, and to be able to detect trends in the law and to point to reforms which are likely or necessary.
One part, deals with substantive areas of maritime law such as the law of collisions, harbour law, pilotage, towage, limitation of liability, marine pollution liabilities, salvage and the carriage of passengers.
www.law.soton.ac.uk /academprog/llm/laws6001.htm   (694 words)

  
 Admiralty and Maritime Law Attorney - Delise & Hall - Louisiana
Admiralty and maritime law are highly specialized area of the law pertaining to the laws of the seas and of seamen and women.
Admiralty and maritime law require an understanding of the law as well as a practical understanding of how the laws are interpreted in the courts.
Many potential claimants under Admiralty law or maritime law fail to file a claim because he or she is given bad advice by family, friends or coworkers.
www.divelawyer.com /admiralty-maritime-law.htm   (468 words)

  
 Canadian Law of Marine Insurance - Frequently Asked Questions
The law of marine insurance in England can be found in the various statutes passed by the English Parliament and in the case law as it has been developed by the courts.
In Canada the law governing marine insurance is also found in statutes and case law, however, in Canada one must always consider the constitutional division of powers and the constitutional applicability of any particular statute.
Canadian maritime law includes all that body of law which was administered in England by the High Court on its Admiralty side in 1934 as amended from time to time by the federal Parliament and as it has developed through judicial precedent to date.
www.admiraltylaw.com /papers/insurancefaq.htm   (5730 words)

  
 Cruise Line Law Reporter- admiralty & maritime newsletter.
The law of the United States should not apply in this case as the alleged wrongful act occurred in the Mediterranean Sea, the vessel on which Velasquez worked was foreign, Velasquez is a resident and citizen of Honduras, the shipowner, Costa, is an Italian corporation and foreign fora are accessible to Velasquez.
The second factor, the law of the flag of the vessel involved, is not a compelling one; this was a wave runner designed for tourist use, not a vessel registered and doing business in international waters.
The Court must agree with the Byrd court that importing state law rules on parental immunity to federal admiralty actions would detract from the uniformity of admiralty law, undermine the simplicity of the admiralty system, and too greatly impair admiralty's rule of contribution among joint tortfeasors.
www.lipcon.com /cllr.shtml   (3939 words)

  
 Glossary of Maritime Law Terms
Admiralty Solicitors Group - The City of London Admiralty Solicitors Group (generally known as the "Admiralty Solicitors Group") is an organization devoted to promoting high standards in the practice of maritime law in London and to promoting the arbitration and mediation of maritime law disputes there.
Arrest - The procedure whereby, in common law jurisdictions, a ship (and sometimes cargo and/or freight) may be seized by an admiralty court at the institution of or during an action in rem (infra) to provide pre-judgment security for the plaintiff's maritime claim.
Civil law eventually divided into two streams: the codified Roman law (as seen in the French Civil Code of 1804 and its progeny and imitators - Continental Europe, Qu├ębec, and Louisiana being examples) - and uncodified Roman law (as seen in the Scots law of Scotland and the Roman-Dutch law of South Africa).
www.mcgill.ca /maritimelaw/glossaries/maritime   (9750 words)

  
 Miami Maritime Law- Miami Admiralty Law, Miami Scuba Law
Laws must be enacted and better steps must be taken to try to identify artifacts so that collectors and museums could only obtain antiquities that are identified and numbered.
Although admiralty jurisdiction has been recognized in other recreational scuba diving cases, many of those cases are distinguishable by the role played by the boat in causing the injuries.
As the court did in Cutchin, 1999 AMC at 1379-81, admiralty jurisdiction was held to exist in a case involving recreational scuba diving, despite the absence of direct involvement of a boat.
www.miamimaritimelaw.com /maritimearticles.htm   (10824 words)

  
 Admiralty and Maritime Law, Premises Liability, and More - Miami, Florida
Admiralty and maritime law are specialized areas of the law that regulate accidents and injuries of the crew (seamen) and of the passengers on ships, yachts, and recreational boats.
Hickey is past chair of the Admiralty Law Committee for the Florida Bar, and he is an active member of the admiralty law section of the Association of Trial Lawyers of America (ATLA) and of the Florida Admiralty Trial Lawyers Association (FLATLA).
The statute of limitations for a maritime law injury suit by a seaman is three years, so it is imperative that you contact an admiralty and maritime law attorney right away.
www.hickeylawfirm.com /html/admiralty.html   (1402 words)

  
 Admiralty/Maritime Law - MegaLaw.com
Admiralty: Jurisdiction, Law, and Practice (with Appendix Containing Rules, Statutes, and Forms)
Convention on the Law of the Sea - U.S. Policy Statement.
Council on Ocean Law - Serves as a reference center, document library, and guide to information related to the development/application of ocean law.
www.megalaw.com /top/admiralty.php   (724 words)

  
 Admiralty Courts in Colorado?   (Site not responding. Last check: 2007-10-17)
The difference is that the flag that is displayed is legal notice, to all who enter, of the type of law that holds jurisdiction.
Just as the founders of this country railed against the King for extending Admiralty law to the lands of the Colonies, so are those few patriots who have paid attention to the corruption of our legal system, raising a hue and a cry over the current usurpers of jurisprudence.
Admiralty law is farther still from the common law recognized under Federal and State constitutions.
users.frii.com /gosplow/admir.html   (414 words)

  
 Maritime Law Resources
Provides an overview of admiralty law including links to related federal and state statutes, state judicial decisions, conventions and treaties, and key internet sources.
Contains discussions of current issues, explanations of court opinions and their implications, reprints of hard-to-find primary source materials, charter parties and clauses, treaties, admiralty rules, marine insurance forms, and practice and procedure forms on a variety of maritime issues.
The MLA membership consists of lawyers involved in maritime matters, judges active in matters involving admiralty issues, admiralty law professors, and non-lawyers who are selected because they hold responsible positions in the maritime field and have rendered distinguished service in the advancement of maritime law or its administration.
www.ll.georgetown.edu /find/resource_display_subject.cfm?topic_id=166   (763 words)

  
 Nicholas Johnson, Admiralty and Cyberlaw
Although admiralty actions are frequently brought in personam, against individual or corporate defendants only, the most distinctive feature of admiralty practice is the proceeding in rem, against maritime property, that is, a vessel, a cargo, or “freight,” which in shipping means the compensation to which a carrier is entitled for the carriage of cargo.
Maritime law is often thought of as being a species of international law rather than a branch of domestic or municipal law.
It should not be denied that the international aspect of maritime law gives it a distinctive flavour; in doubtful cases courts of one country will often look to the precedents or statutes of another country for inspiration or guidance.
www.uiowa.edu /~cyberlaw/csl03/admiralty.html   (1529 words)

  
 The Admiralty Flag   (Site not responding. Last check: 2007-10-17)
Admiralty law came on land in 1845 with the Act of 1845 by Congress.
Admiralty Jurisdiction is the KING'S COMMERCE of the High Seas, and if the King is a party to the sea-based Commerce (such as by the King having financed your ship, or the ship is carrying the King's guns), then that Commerce is properly governed by the special rules applicable to Admiralty Jurisdiction.
Originally, this law was only applicable on the open seas and waterways, but it was brought inland for the subject citizens of the Possessions, Territories and ceded lands Belonging to the United States.
www.restoringamerica.org /flags/admiralty_law.html   (7430 words)

  
 ADMIRALTY & MARITIME LAW
Maritime law is one of the oldest and richest bodies of law, and one by its very nature, tending to be international in character.
This is an ancient principle of maritime law, known as 'general average' which dates back at least to Roman times.
The admiralty law of the United States has long recognized that the law of salvage rewards the voluntary salvor for the successful rescue of life or property imperiled at sea.
www.geocities.com /admiralty_lawyer/sealaw.htm   (2678 words)

  
 Treason In Government! Admiralty Law!
The same law that confers his authority ascertains its limits, and the flag at the mast-head is notice to all the world of the extent of such power to bind the owners or freighters by his act.
Admiralty law is for the sea, maritime law govern's contracts between parties that trade over the sea.
Under Admiralty you are compelled to perform under the agreement you made by asking and receiving the king's government (license).
www.barefootsworld.net /admiralty.html   (4962 words)

  
 Law Books Admiralty and Maritime Law Reprints of Classics Law Books
Angell, Joseph K. Treatise on the Law of Carriers of Goods and Passengers, by Land and Water.
With an appendix of adjudged cases, acts of Congress “for the safety of passengers on board of steam-boats” and an addenda of decisions “not published in season to be inserted in the body of the work.” Dictionary of National Biography I:310.
A Compendious View of the Civil Law and of the Law of the Admiralty being the substance of a course of lectures read in the University of Dublin.
www.lawbookexchange.com /reprints-summer-03/law-books-reprint-2.html   (461 words)

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