Admiralty Outline :: essays research papers

Admiralty OutlineOverview Admiralty is federal official law, originating in Article III, 2 of Constitution. i.First relation included Cases of Admiralty/Maritime in Judiciary Act. ii.Supremacy Clause. b.If say that case is admiralty/maritime case, governed by admiralty law, is to say that substantive admiralty law applies. i.Differences statute of limitations, comparative laws for recovery, etcetera a.Main trial by judge. From very beginning, admiralty cases are w/o juries. May be why someone brings suit in admiralty to avoid the jury. ii.Admiralty cases stomacht be removed from state to federal courts. a.but most admiralty cases can be brought in state courts unless qualify under diversity. 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 rule? c.construing the savings to suitors clause eg, what types of cases does Congress mean to say that we nevertheless want federal courts sitting in admiralty to have jurisdiction over? Basics of AdmiraltyRequires Locality + maritime nexus-Executive Jet decision. -DeLovio v. Boit (1815) Maritime damages policies are within admiralty & maritime jurisdiction of US b/c maritime contracts include charter parties, affreightments, marine bonds, Ks for repairing, supplying & navigating ships, Ks between part owners etc AND insurance. diachronic 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. - grisly admiralty jurisdiction where no influence of tide. -Forbidding admiralty jurisdiction involving building or sale of ship. -The 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 after Genesee Chief, but still allows saving to suitors the right of jury trial if wanted. oPossible to have an equal rampart argument why in GL, but not other upcountry navigable waters. But no caselaw. The Genesee Chief v. Fitzhugh (SCOTUS, 1851) overrules the TJ. Holds that GL Act is Constitutional. oLakes are inland seasoHostile fleets have been encountered on them, prizes made, reason to have admiralty jurisdiction. oNothing particular in the tide that makes waters suitable for admiralty. o pass admiralty in country with so many inland navigable waters is impracticable.