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Admiralty Law

Admiralty Law. Chapter 1 Jurisdiction. §1-1 Contitution and Statutory Basis of Admiralty Jurisdiction. Constitutional Grant of Admiralty Jurisdiction “The judicial Power shall extend …to all Cases of admiralty and maritime Jurisdiction” S.Ct . has interpreted 3 grants of power:

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Admiralty Law

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  1. Admiralty Law Chapter 1 Jurisdiction

  2. §1-1 Contitution and Statutory Basis of Admiralty Jurisdiction • Constitutional Grant of Admiralty Jurisdiction • “The judicial Power shall extend …to all Cases of admiralty and maritime Jurisdiction” • S.Ct. has interpreted 3 grants of power: • 1) Congress may confer admiralty/maritime jurisdiction on tribunals inferior to the S.Ct. • 2) Fed courts empowered to draw on substantive law inherent in admiralty/maritime jurisdiction and continue the development of this law (within Constitutional limits) • 3) Congress may revise/supplement maritime law (within limits of Constitution)

  3. Interplay of Constitution and Statutory Law • First Judiciary Act • DeLovio v. Boit (1815) • jurisdiction extends over all contracts (wherever made) which relate to navigation, business, or commerce of the sea. i.e. contract jurisdiction depends on subject matter. • Tort actions also under jurisdiction, but bounded by locality. i.e. Tort jurisdiction depends on where it occurred (“Locality Doctrine”)

  4. Interplay of Constitution and Statutory Law (cont.) • Increase of water commerce since mid-1900’s • admiralty jurisdiction now extends to lakes and navigable rivers of U.S.

  5. Modern Admiralty Statute28 USC 1333 • District Courts have jurisdiction over • civil cases of admiralty/maritime jurisdiction • Any prize brought into the U.S. • Thus wide variety of civil claims, torts, contracts and distinctively admiralty actions (salvage, etc.) within admiralty jurisdiction • Also admiralty criminal jurisdiction

  6. Congressional Power • alter, qualify or supplement substantive admiralty law, and may even clarify the boundaries of admiralty jurisdiction. • 2 Constitutional limits • cannot destroy the essential uniformity of admiralty law • cannot fundamentally change the basis of federal admiralty jurisdiction.

  7. Admiralty Jurisdiction: General Considerations • reasons behind giving (admiralty) jurisdiction to the federal courts is to • provide uniform rules of law for the business of shipping • facilitate maritime commerce • apply uniform remedies for persons traveling or working on navigable waters in connection with maritime activities

  8. Significance and Consequences of Admiralty Jurisdiction • Fed courts have subject matter juris, w/o regard to diversity of citizen ship • maritime lien (security interest only available in admiralty) • In rem proceedings against the vessel (which obtains security for the claim) • special “federal maritime law” - distinct from state and common law. • Judiciary plays greater role than in other law • Special rules • Usually no jury • Liberal venue rule. • appeals • sovereign immunity • Historically prevented from granted equitable relief (now probably can) • Special removal from state court rules • No Statute of Limitations (Laches) • Prejudgement interest automatic in admiralty

  9. Navigable Waters: Locality • locality is important in determining whether admiralty jurisdiction exists in tort cases. (“Locality Doctrine”) • Test of “Navigability” (Daniel Ball case– 1871) • highways for commerce, trade/travel on water with other States or foreign countries on water. • Threshold: “interstate nexus”: continuous highway for commerce b/w states or foreign country. • 2nd requirement: navigability in fact

  10. Admiralty Extension Act (1948) • admiralty jurisdiction over cases of damage caused by a vessel on navigable water, even if injury done on land. • i.e. ship to shore collisions now within admiralty jurisdiction • Gutierrez case (1963) • Victory case (1971)

  11. Admiralty Tort Jurisdiction • Foremost case (1982) • Sisson case (1990) • Admiralty Tort Jurisdiction Test • Occur on navigable waters • Bear substantial relationship to traditional maritime activity • Potentially disruptive impact on maritime commerce

  12. Locality Rule/Doctrine • 1) Incident occurred on navigable waters • 2) vessel • 3) Admiralty Extension Act extends juris ashore in some cases • 4) tort occurs where negligent/intentional act takes effect

  13. Foremost Case (1982) • wrong must have signif relation with trad maritime activity not limited to aviation • activity need not be exclusively commercial • Negligent operation of (even pleasure) vessel on navigable waters has sufficient nexus to trad maritime activity • Ship need not be involved in commercial use.

  14. Sisson case (1990) • Test for potential disruptive impact on maritime commerce applied as follows: • Determine generally whether such an incident is likely to disrupt commerce (not actual effect) • Nexus test now 2-part analysis • Does incident have potentially disruptive impact on maritime commerce, and • substantial relationship b/w activity giving rise to the incident and trad’l maritime activity?

  15. New Nexus Tests • No admiralty juris over matters occurring on navigable waters but lacking maritime flavor. • Maritime Nexus test involves 2 queries

  16. What is a Vessel? • Who cares? • Common sense • Borderline cases • Basic Criterion: purpose • Purpose Test • mobile and capable of transportation on water • subject to perils of the sea • designed to be permanently fixed • statutory/policy consideration*

  17. Seamen • Who cares? • exception to locality requirement • Def: permanently attached to and a member of the crew of a vessel in navigation.

  18. Longshore and Harbor Workers • Only if caused by ship • Longshore Act • Test • Situs • Status

  19. Continental Shelf Operations • Increased activity out there • Outer Continental Shelf Lands Act (1953) • fed regulates • Longshore Act on the OCS • OCSLA extends benefits of Longshore Act • Status/Situs tests • State waters

  20. Admiralty Contract Jurisdiction • criterion is nature/subject matter of contract • “maritime contract” relates to a ship in its use or to commerce or to navigation on navigable waters, or to transportation by sea or to maritime employment.

  21. Products Liability • 3 divisions of products liability claim • breach of implied warranty • Negligence • strict liability

  22. Admiralty Criminal Jurisdiction • Special Maritime and Territorial Jurisdiction • High seas • Objective territoriality • Protective Principle • Searches and Seizures of Ships at Sea • Customs waters • High seas (drug trafficking) • US Vessels • Foreign vessels • Stateless

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