What You Need to Know about Maritime Law

  

What You Need to Know about Maritime Law

hello everyone welcome back to my channel and don't forget to like comment and subscribe okay what you need to know about Maritime low if you're involved in a sea accident you may have questions about your rights and remedies under maritime law I'm sorry this article we discussed the differences between the jurisdiction of state court and admiralty court as well as topics such as vicariously ability and statues of limitation if you are not sure that you need to know to file a maritime locally we recommend you read our free introducery kite this will help you get started on your path to Justice okay admiralty court has limited jurisdiction in cases of Commerce involving ships admiralty court have limited Maritime or jurisdiction also admiralty court has jurisdiction of a maritime contract they have no status of fraud a good example of this is the time to board fee Schooner Francis McDonald case from 1925. the court found that a contract between two parties to repair a ship or build a new one did not fall under admiralty jurisdiction one reason why admiralty court have limited jurisdiction over Maritime claims is that the federal rules required that the court have jurisdiction over the defendant in in a case in admiralty cases however this is not always the case Federal admiralty's jurisdiction requires that a very defendant be located on navigable Waters or have a connection to Maritime activity while the casino boat accident occurred on a river that has navigable the record indicate that the portion of the river was not consequently The District Court remanded the case to the federal court to the to determine the issue of subject matter jurisdiction well there are some guesses where annually jurisdiction to private pleasure craft many other situations done for example a domestic flight from Cleveland Ohio to Portland Maine doesn't qualify as a c Voyage moreover the Court ruled that the ownership of the pleasure of crafted and violent navigability rules this ruling is significant because it's established the extent of admiralty jurisdiction of a recreational vessels that Court have gone Court jurisdiction the doctrine of car Committee in the United States is based on the principle the extent Court have cons concurrent jurisdiction over a federal court however this principle is not absolute for example the federal court may not have exclusive jurisdiction of our state maritime law claim that Court may have jurisdiction over a maritime law claim if it's not otherwise covered by the federal laws this talks this Doctrine is covered by the tone box test which refers to the jurisprudence of the the lower court under federal law admiralty court have exclusive jurisdiction of proverity of guesses admiralty guesses for example in full firmities against a vessel or carco however stats have gone current jurisdiction over admiralty claims under those servings two threaters Claus step guard can also exercise in personal jurisdiction these circumstances make it hard to determine which court have jurisdiction of our Maritime claim however if you don't have the phones to hire an attorneys you can sue in your state court when it comes to Maritime low federal and state courts share concurrent jurisdiction although the federal court have exclusive jurisdiction from admiralty cases State Court also have Maritime jurisdiction in the letter case a plaintiff must obtain the consent of the federal court to assume a state court this is the case in many states it is important to understand the difference between concurrent and exclusive jurisdiction and how it affects your radical right under the next vicariously ability in maritime law the principle of fake career solubility is acquired to certain situations for example in the case of a ship Collision a company's negligence becomes a free career cereal body making the ship owners liable for the actions of its crew figure resiability historical concept originated in the 18th century and refers to contract outside the employment right mid of the employer in some cases vicarious liability doesn't apply however in a case such as alternation where a passenger was injured while the Court ruled that the company's neck again was not the bridge of its responsibility cause and the military Maritime realm Victorious liability arise when one party pierced a portion of the responsibility for another party's actions vicarious therapeutic can arise in the in situation in which one party has a relationship or some kind of control over the on of control after over the third party such as an employer who is liable for the action of its employee it is also used to hold employers readable for the negligence of their employees the brand the principle of icarusiability applies to employers as well as ship owners in general vicariously ability applies to the ship owners employees as well as its servants while the concept of Victoria's sleep the ability in maritime law may seem eminently eminently fair it is not necessarily a practical one in fact a ship owners vicarious liability must be limited in order to keep Maritime transport efficient in order to achieve a comprehensive change Congress and the Supreme Court will need to take action on the issue statue of limitation in maritime law the statute of limitation limits the time allowed for a case to be filed depending on the specific the statue of limitation may be shorter or longer than in other cases these are feeling a little short it is important to understand the statue of limitation and when it applies American cares are involving loss or damage to property is unique and the statute of limitation can affect your case the statue of limitation can help you pursue your claim in the shortest time possible when determining whether a time limit applies to a claim Maritime Court of the referred to State the status of limitation as a kite the three years started in particular may be cited the main decided to guide a court applying Ledges analysis however if the first if the time limit is certain than three years a maritime Court may consider Elijah's analysis and may use the applicable state statute of limitation as its curtains while there is no absolute statute of limitation in maritime law a claim must be filed within three years of the skills of action in some cases a long time frame applies like when a maritime accident causes a permanent injury however this time frame may be shorter for claims involving exposure to Benson or up as best on does American maternity can explain this further and then personification of a ship under maritime law the doctrine of a personification of a ship under Marathon law is a basic principle of estrogen in Ram which dates back to the 16th century in English Maritime court but was rejected in the late 19th century the doctrine of personification is passed on a procedural theory of love that states that an action in Ram is merely a means of forcing a ship owners to appear in court this theory was adopted by American Court who held that an action in Ram must be through against a vessel whose honors had no interest in defending the ship okay that's all for today thanks for watching don't forget to like comment and subscribe if you don't see the next article and bye

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