Admiralty Outline :: essays research papers

Admiralty OutlineOverview Admiralty is national law, originating in Article III, 2 of Constitution. i.First Congress included Cases of Admiralty/Maritime in Judiciary Act. ii.Supremacy Clause. b.If produce 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, etc. a.Main ladder by judge. From very beginning, admiralty cases be w/o juries. May be why someone brings suit in admiralty to avoid the jury. ii.Admiralty cases provoket 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 claim to enact substantive law in the statutes left to courts. v.Courts mainly bid 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 signify to say that we only want federal courts sitting in admiralty to go for legal power over? Basics of AdmiraltyRequires Locality + maritime nexus- executive director Jet decision. -DeLovio v. Boit (1815) Maritime insurance policies are within admiralty & maritime jurisdiction of US b/c maritime contracts include charter parties, affreightments, leatherneck 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 torso of the country. -Forbidding admiralty jurisdiction where no influence of tide. -Forbidding admiralty jurisdiction involving build or sale of ship. -The Thomas Jefferson (SCOTUS, 1825) Action arising on Ohio to Missour i river is non 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 redress of jury trial if wanted. oPossible to guard an equal safeguard 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 seasoHostile fleets have been encountered on them, prizes made, reason to have admiralty jurisdiction. oNothing particular in the tide that makes waters commensurate for admiralty. oLimiting admiralty in country with so many inland navigable waters is impracticable.