Tag: Admiralty Cases
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Admiralty Proceedings
Admiralty ProceedingsProcedure in admiralty jurisdiction differs in few respects from procedure in actions at law, but the differences that do exist are significant.1 Suits in admiralty traditionally took the form of a proceeding in rem against the v…
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Maritime Jurisdiction
Territorial Extent of Admiralty and Maritime JurisdictionAlthough he was a vigorous exponent of the expansion of admiralty jurisdiction, Justice Story for the Court in The Steamboat Thomas Jefferson 1 adopted a restrictive English rule confining admi…
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Admiralty and Federalism
Admiralty and FederalismExtension of admiralty and maritime jurisdiction to navigable waters within a state does not, however, of its own force include general or political powers of government. Thus, in the absence of legislation by Congress, the states through their courts may punish offenses upon…
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Maritime Law
Maritime Law (Necessary and Proper Clause)Congress may implement the admiralty and maritime jurisdiction conferred upon the federal courts by revising and amending the maritime law that existed at the time the Constitution was adopted, but in so doing, it cannot go beyond the reach of that jurisdict…
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Admiralty Cases
Cases of Admiralty and Maritime JurisdictionThe admiralty and maritime jurisdiction of the federal courts had its origins in the jurisdiction vested in the courts of the Admiral of the English Navy. Prior to independence, vice-admiralty courts were created in the Colonies by commissions from the Eng…
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Admiralty
Admiralty and Maritime CasesAdmiralty and maritime jurisdiction comprises two types of cases: (1) those involving acts committed on the high seas or other navigable waters, and (2) those involving contracts and transactions connected with shipping employed on the seas or navigable waters. In the fir…