Admiralty II-1

Admiralty II-1 - Admiralty Jurisdiction 11:24:00 ← When...

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Unformatted text preview: Admiralty Jurisdiction 06/01/2009 11:24:00 ← When do you get to be in the Admiralty Jurisdiction? What procedures are used in Admiralty? • A lot of the action is about where you’re going to fight – forum ← ← Every country that has any maritime trade has a special admiralty jurisdiction • Promote Uniformity (Particularly American Concern) o Need to have a uniform body of federal law regarding maritime commerce o 50 different laws would be burdensome o BUT, we could simply say that this will be federal law but there’s no special procedure for admiralty cases • Who are we protecting? o Cargo Owners o The main reason we have admiralty jurisdiction is to protect the plaintiff/claimant • Why do plaintiffs need extra protection? o Maritime trade is unique due to the international mobility of the business The international mobility of maritime commerce is no longer so unique, but it was hundreds of years ago when maritime jurisdiction was established o Generally, the plaintiff is the cargo interest and the defendant is the carrier, and the carrier is most likely far away It’s no good to have a cause of action if the plaintiff can’t fined the defendant carrier The best way to find a carrier is to arrest the vessel – that’s why we need to have special admiralty law The ability to arrest/attach the vessel is what is distinctly maritime • If we arrest the ship and can’t find the defendant, at least we have something for the plaintiff, but more likely the defendant will pay a bond (pay an asset) to release the vessel o Ships are like sharks, unless they keep moving they will die o Guaranteed recovery if you win • Twin Goals o Getting defendant to show up to court o Enforcing judgment • Getting jurisdiction on plaintiff’s home turf is a big deal because otherwise you have to deal with all kinds of cultural issues and logistics, etc • If the key to defending the plaintiff is grabbing the ship, what is the procedure for arrest and attachment? ← ← Admiralty is no longer unique in international mobility, but it’s still unique in procedure • There is now a movement to get rid of the unique admiralty jurisdiction o The unique concerns no longer exist • Others believe there are still a need for these types of procedures, and we should expand the scope of their coverage instead of doing away with them ← ← Why kinds of claim are we going to allow to be brought in admiralty jurisdiction? Maritime Claims • When is a claim a maritime claim?...
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This note was uploaded on 05/03/2010 for the course LAW ADMR-201-0 taught by Professor Davies during the Fall '07 term at Tulane.

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Admiralty II-1 - Admiralty Jurisdiction 11:24:00 ← When...

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