Evidence Outline
Admiralty Outline Fall 2003
Overview
Admiralty is federal law, originating in Article III, § 2 of Constitution.
i. First Congress included Cases of Admiralty/Maritime in Judiciary Act. ii. Supremacy Clause.
b. If say 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: trial by judge. From very beginning, admiralty cases are w/o juries. May be why someone brings suit in admiralty to avoid the jury. ii. Admiralty cases can't 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 question
b. 28 USC 1332: diversity
c. 28 USC 1333: admiralty & maritime. iv. BUT, Congress didn't choose to enact substantive law in the statutes left to courts.
v. Courts mainly address 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 mean to say that we only want federal courts sitting in admiralty to have jurisdiction over?
Basics of Admiralty
Requires: Locality + maritime nexus
- Executive Jet decision.
- DeLovio v. Boit (1815): Maritime insurance policies are within admiralty & maritime jurisdiction of US b/c maritime contracts include charter parties, affreightments, marine 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 body of the country.
- Forbidding admiralty jurisdiction where no influence of tide.
- Forbidding admiralty jurisdiction involving building
Overview
Admiralty is federal law, originating in Article III, § 2 of Constitution.
i. First Congress included Cases of Admiralty/Maritime in Judiciary Act. ii. Supremacy Clause.
b. If say 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: trial by judge. From very beginning, admiralty cases are w/o juries. May be why someone brings suit in admiralty to avoid the jury. ii. Admiralty cases can't 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 question
b. 28 USC 1332: diversity
c. 28 USC 1333: admiralty & maritime. iv. BUT, Congress didn't choose to enact substantive law in the statutes left to courts.
v. Courts mainly address 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 mean to say that we only want federal courts sitting in admiralty to have jurisdiction over?
Basics of Admiralty
Requires: Locality + maritime nexus
- Executive Jet decision.
- DeLovio v. Boit (1815): Maritime insurance policies are within admiralty & maritime jurisdiction of US b/c maritime contracts include charter parties, affreightments, marine 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 body of the country.
- Forbidding admiralty jurisdiction where no influence of tide.
- Forbidding admiralty jurisdiction involving building