Admiralty Outline :: essays research papers

Admiralty OutlineOverview Admiralty is federal justness, originating in Article III, 2 of Constitution. i. offset Congress included Cases of Admiralty/Maritime in Judiciary Act. ii.Supremacy Clause. b.If evidence that case is admiralty/maritime case, governed by admiralty law, is to say that substantive admiralty law applies. i.Differences principle of limitations, comparative laws for recovery, etc. a.Main trial by judge. From very beginning, admiralty cases atomic number 18 w/o juries. May be why someone brings cause in admiralty to avoid the jury. ii.Admiralty cases cant be removed from secernate to federal addresss. a.but most admiralty cases can be brought in state courts unless qualify under miscellany. b.But federal admiralty law will be applied. iii.Jurisdiction arises under a.28 USC 1331 federal questionb.28 USC 1332 diversityc.28 USC 1333 admiralty & maritime. iv.BUT, Congress didnt choose to enact substantive law in the statutes left to courts. v.Courts mainly address three issues a.what is an admiralty case? b.if it is, what is the admiralty eclipse? c.construing the savings to suitors clause eg, what types of cases does Congress mean to say that we only destiny federal courts sitting in admiralty to have jurisdiction over? basic principle of AdmiraltyRequires Locality + maritime nexus-Executive Jet decision. -DeLovio v. Boit (1815) Maritime policy policies are within admiralty & maritime jurisdiction of US b/c maritime contracts include charter pieceies, affreightments, marine bonds, Ks for repairing, supplying & navigating ships, Ks between part owners etc AND insurance. Historical limitations -Could only sue in rem-Forbade actions in personam vs. shipowner, master. -Rules precluding admiralty court from hearing matters arising w/in body of the country. -Forbidding admiralty jurisdiction where no entice of tide. -Forbidding admiralty jurisdiction involving building or sale of ship. -The doubting Thomas Jefferson (SCOTUS, 1825) Action arising on Ohio to Missouri river is not in admiralty, because no influence of tide. Great Lakes Act (1845) extends jurisdiction to G. Lakes. oBecomes almost superfluous subsequently Genesee Chief, but still allows saving to suitors the right of jury trial if wanted. oPossible to have an equal protection argument why in GL, but not other inland navigable waters. But no caselaw. The Genesee Chief v. Fitzhugh (SCOTUS, 1851) overrules the TJ. Holds that GL Act is Constitutional. oLakes are inland seaso distant fleets have been encountered on them, prizes made, reason to have admiralty jurisdiction. oNothing accompaniment in the tide that makes waters suitable for admiralty. oLimiting admiralty in country with so many inland navigable waters is impracticable.