Admiralty
Admiralty refers to a jurisdiction which determines suits or actions arising in consequence of acts done upon or relating to all transactions and proceedings concerning commerce and navigation, and to damages or injuries upon the sea. All the courts of Federal government are vested with the authority to take cognizance of all cases of admiralty and maritime jurisdiction. The district courts are also empowered to take cognizance of all civil causes of admiralty and maritime jurisdiction. Such power includes all seizures under laws of imposts, navigation or trade of the United States, where the seizures are made on waters navigable from the sea, by vessels of ten or more tons burden, within their respective districts, as well as upon the high seas.
Admiralty law encompasses federal common law or statute in almost its entirety. However, it is supplemented by state law where the federal law does not address any particular issue raised. Admiralty covers the jurisdiction of, and the practice and procedure in, courts administering maritime law; the limits and subject matter of such jurisdiction; and matters as to causes of action, pleading, defenses, evidence, and appeal and review.
Inside Admiralty
- Origin and Basis of Admiralty Jurisdiction and Practice
- Bases of Admiralty Law and Jurisdiction
- Courts Having Admiralty Jurisdiction
- Divestiture of Admiralty Jurisdiction
- Jurisdiction of Admiralty Courts
- Distinction Between Types of Jurisdiction
- Discretionary and Pendent Jurisdiction
- Forum Non Conveniens
- Jurisdiction Over the Parties or Property Involved
- Types of Proceedings in Admiralty: In Personam and In Rem
- Distinction between In Rem and In Personam Proceeding
- Availability of In Rem or In Personam Remedies
- When Proceeding In Rem Available
- Presence of Property (Res) in District
- Requirement of Lien
- When Proceeding In Personam Available
- Extent of In Personam Jurisdiction
- Foreign Nationals
- Reciprocity
- Extent of In Rem Jurisdiction-Generally
- Things Recognized as Vessels
- Jurisdiction over Seaplanes and Hydroplanes
- Jurisdiction Over Structures Attached to Land, Wharves, Docks, Piers, and Bridges
- “Dead Vessel” Doctrine
- Effect of Mooring or Docking On Jurisdiction
- Effect of Sovereignty on Jurisdiction
- Jurisdiction Over the United States Government
- Jurisdiction Over States and Local Governments
- Jurisdiction Over Foreign Sovereigns
- Waiver of Exemption
- Waiver of Exemption by United States
- Jurisdiction over the Subject Matter Involved
- Maritime Nature of Principal Subject
- Incidents of Principal Cause
- Accounting Matters
- Jurisdiction Over Navigable Waters
- Jurisdiction Over Flooded Lands and Man-Made Waterways
- Effect of Admiralty Jurisdiction Extension Act
- Standards for Determining Applicability of Jurisdiction
- Jurisdiction Over Actions Sounding in Contract
- Maritime Nature of Contracts
- Services or Employment Contracts
- Third-Party Rights and Agency Contracts
- Agreements or Transactions Preliminary or Subsequent to Maritime Contracts
- Contracts Embracing both Maritime and Nonmaritime Matters
- Contracts for Construction of Vessels
- Contracts for Reconstruction of Vessels
- Contracts for Purchase and Sale of Vessels
- Contracts For Repair And Supply Of Vessels
- Jurisdiction Over Actions Sounding In Tort
- Scope Of Tort Jurisdiction
- Admiralty Exemptions from Federal Tort Claims Act
- Who May Recover in Tort Actions
- Maritime Nature of Tort Test
- Locality and Locality-Plus Tests for Tort Actions
- Nonfatal Injuries
- Fatal Injuries
- Tort on Extension of Land
- Falling from Land into Navigable Water
- Admiralty Jurisdiction over Traditional Tort Claims
- Admiralty Jurisdiction over Collision Cases
- Admiralty Jurisdiction Over Pollution
- Admiralty Jurisdiction Over Other Torts
- Maritime Service Claims
- Services Considered Non-Maritime
- Maritime Wage claim
- Stevedores and Long Shore Workers
- Claims Arising Under Multiple or Other Theories
- Claims Arising Under Petitory and possessory suits
- Limitation of Ship owners’ Liability Act Claims
- Wharfage and Dockage
- Litigation Over Unseaworthiness
- Maritime Crimes
- Claims Arising Under Forfeitures and Penalties
- Claims Relating to Payment of Customs Duties
- Claims Relating to Salvage of Vessel
- Jurisdiction Under “Saving to Suitors” Clause
- Law Governing Remedies in Admiralty
- What Law Governs Admiralty Actions
- General Maritime Law in Admiralty Actions
- Effect of Federal Statutes in Admiralty Actions
- Law of Flag in Admiralty Actions
- International Law in Admiralty Actions
- Effect of Parties’ Choice of Law in Admiralty Actions
- The Role of State Law in Admiralty Actions
- Enforcement of State-Created Liens in In rem or In Personam Admiralty Actions
- State Choice of Law Clauses
- State Law as an Aid to Interpretation of Admiralty Law
- Use of State Law to Supplement or Expand Admiralty Law
- Application of State Law in Particular Instances
- “Saving-to-Suitors” Clause
- Suits by or Against The United States
- Enforcement of Mortgages and Liens
- Wrongful Death Actions
- Governing Law in Wrongful Death Actions
- Comparative Negligence and Other Defenses
- Death on the High Seas Act – Generally
- Survival Provision and Actions in Death on the High Seas Act
- Death on the High Seas Act Relation to Other Statutes
- State Wrongful-Death Acts
- Jurisdiction under the Death on the High Seas Act
- Admiralty Practice and Procedure
- Process and Pleading
- Identification of Admiralty Claims
- Identification of Actions as Civil or Admiralty
- Complaints
- Additional Content of In Rem Complaint
- Verification of Complaint
- Service of Interrogatories with Complaint
- Admiralty Process
- Acquiring Jurisdiction In Personam
- Constitutionality of Arrest and Attachment
- Necessity of Judicial Participation
- Necessity for Postseizure Hearing
- Territorial Limits of Service
- Service of Process in Multidistrict States
- Application of State Long-arm Statutes
- When minimum contacts are required
- Prepayment of costs or security
- Execution of Process
- Preservation of Property
- Matters Distinctive to In Personam Attachment and Garnishment
- Means of Obtaining a Writ
- Use of Attachment to Obtain Security
- Presence of Defendant as Precluding Writ
- Agent for Service of Process
- Burden of Ascertaining Defendant’s Presence
- Applicability of State Attachments Law
- Availability of State Attachment Process
- Duration of Writ’s Effect
- Dissolution of Attachment or Garnishment
- In Rem Arrest
- Duration of Arrest Warrant’s Effect
- Ancillary Process of In Rem Arrest
- Arrest in Possessory, Petitory, or Partition Actions
- Notice of Arrest or Attachment
- Answers to Attachment and Garnishment
- Answers by Garnishee
- Answers by Holder of Intangible Property
- Answers by Defendant in Maritime Attachment or Garnishment Cases
- Answers to Arrest
- Filing of Claim and Answer
- Answer to Interrogatories
- Effect of Failure to File Claim; Faulty Filing of Claim
- Restricted Appearances
- Release of Attached or Arrested Property
- Providing Security for Res
- Manner of Disputing Amount of Security for Res
- Effect of Insufficient Security for Res
- Waiver of Jurisdictional Defects
- Special Bond
- Fixing Amount of Bond
- General Bond
- Security for Counterclaims
- Modification of Security for Res
- Substitution of Surety for Res
- Liability of Surety
- Obtaining Release of Res
- Right to Hearing for Obtaining Release of Res
- Payment of Costs as Condition to Release
- Rearrest and Reattachment of Property
- Action by Surety Against Res
- Sale of Res
- Interlocutory Sale of Res
- Sale of Res upon Final Order
- Parties to Admiralty Actions
- Defendants and Claimants in proceedings In Rem
- Joinder of In Rem and In Personam Defendants
- Intervention of Parties
- Class Actions
- Real Parties in Interest who may sue
- Agent or Proctor as Party to Suit
- Assignee or Assignor as Party to Suit
- Bailee or bailor as party to suit
- Insurer or Insured as Party to Suit
- Third-Party Practice
- Impleader by Defendant in Civil Case
- Plaintiff’s Ability to Bring Direct Action Against Third Party
- Impleader of Nonadmiralty Claim
- Trial
- Reference to Master at Trial
- Findings of Court at Trial
- Burden of Proof at Trial
- Award of Prejudgment Interest
- Jury Trials
- Jury Trials under Alternative Jurisdictional Ground
- Advisory Jury Impaneled to Decide Maritime Claim
- Jury Trials as Affected by Official Identification of Claim as Maritime
- Effect where Right to Jury Trial Arises in State Court Admiralty Action
- Jury Trials Affected by Unification of Civil and Admiralty Rules
- Jury Trials as Affected by Consolidation or Counterclaim
- Jury Trials in Third-Party Action
- Great Lakes Case
- Jones Act Claim Joined with Traditional Admiralty Claim
- Costs and Fees
- Expert Witness Fees
- Attorney’s Fees; Court Costs; Fees for Preparation of Briefs
- Costs and Fees for Maps; Surveys; Models; Items Prepared to Assist Trial
- Seamen’s Costs and Fees, Exemption from Prepayment
- Appeal and Review
- Review of District Court Orders and Decisions in the Court of Appeals
- Notice of Appeal
- Necessity of Surety Joining in Appeal
- Stay of Proceedings Pending Appeal
- Scope of Review in Appeal
- Appealable Orders
- Appeals of Final Decisions
- Certification for Appeal
- Interlocutory Orders
- Certification of Controlling Question of Law
- Review by Supreme Court
- Review of State Court Decisions by Supreme Court
- Review by Proceeding for Extra Ordinary Writ in Supreme Court
- Attorneys
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