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Admiralty and Maritime Law
Visiting Professor Peter L. Murray
Class 1 History and Admiralty Jurisdiction
February 1, 2007
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Welcome to Admiralty and
Maritime LawSpring 2007!
Why do you want to study Admiralty andMaritime Law?
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Why am I here?
First time teaching Admiralty Law. Took it with Mark Howe in Law School
For many of the same reasons you are taking itnow.
Practiced some admiralty law in Portland Maine forabout 20 years. Miscellaneous practice, casualty and PI, ship
financing and sale, liens
Admiralty has not been taught here for several
years Great example of ancient international privatelaw. comparative law and systematic approach
Historical element. .
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Course Logistics
Two credit course
Conventional exam with a paper option.
Paper topics to be cleared in advance.
Papers to be 30 pp. in academic style.
Some who need an additional credit:
Take exam and write a 30-page paper.
Take paper option and write 50 page paper. Note special makeup class on March 1 to
replace April 4 class.
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What is so special about Admiralty
and Maritime Law ?
A separate body of law to govern
transactions and activity connected with
venturing forth on the seas. An international body of private
customary law.
An ancient amalgam of civil law andcommon law doctrine and procedure,
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What is different about the sea??
Some factors:
Ships frequently travel between jurisdictions.
Land-based jurisdiction can attach to a ship
when it is in port.
Vessels are on voyages out of contact with
terrestrial authority.
Hazard of sea needs some specialprotections.
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Evolution of Legal Doctrine and
Institutions Does law evolve to meet the political,
social and economic needs of the social
order that sponsors it? Admiralty law as a systemic response to
the special conditions and needs of
seagoing commerce in the age of sail?As modified by later technological, political
and economic developments..
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American Admiralty Law
Represents a special and fascinating evolution.
Creation of a body of admiralty law by a new
nation on the international scene of trade and
commerce. Dealing with the British Admiralty Tradition.
Developing a national law under conditions of
extreme federalism. Evolution of legal institutions with changing social,
economic and technological conditions.
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Admiralty Law as Civil Law
Body of Special Law for Matters Maritime came
from the civil law world.
A world accustomed to thinking of law as abstract
principles. Arranged in consistent codes.
Rhodians, Justinian, Italian Cities
Roles of Oleron
Later - Laws of Visby
We will study these in greater detail next week.
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International Trade and Admiralty
Law
From the earliest times nations had sought trademonopolies.
Greeks, Romans, Venetians, English, Germans
(Hansa) sought trade monopolies in specificparts of the globe.
Spanish and Portugese purported to divide upthe entire world for purposes of trade and
colonization. Admiralty law to foster trade and support trade
monopolies.?
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English Admiralty Law
Reception of the Civil Admiralty Law in
England.
Blacke Book of Admiralty
The Admiralty Court.
Doctors Commons
Civil Law Doctors as practitioners
university trained jurists.
Contrast with common law courts and lawyers
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The Battle with the Common Law
Overlapping jurisdiction with in-personam
procedures applied to maritime claims.
Lord Coke and the Writ of Prohibition.
Restrictions on the Admiralty jurisdiction. In rem actions.
Limitation of liability, salvage, prize, maritime
insurance, etc.
Concept of Admiralty: (relating to the admiralty
court) and Maritime (relating to the sea).
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Admiralty Law in the Colonies
Vice Admiralty courts established in each
of the colonies.
Parallel to Chancery.
Restricted to traditional English admiralty
jurisdiction.
Terms of jurisdiction in colonial charters.
Appeal to London.
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Pirates, Smugglers and
Privateers
The Golden Age of Piracy16701730
Some before and afterward.
Prosecution of pirates in the coloniesadmiralty
jurisdiction. Smugglinga lucrative business.
Well established in 18thand early 19th Century
England.
Condemnation of smuggling vessels and goods.
Privateers
Became common latter part of 18thCentury
Condemnation and sale of prizes.
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The American Revolution
Individual states began to exercise admiraltyand maritime jurisdiction. State prize courts condemning seized enemy ships.
New Hampshire prize court and privateers.
Articles of Confederation did not establish anyseparate Federal courts. Authorized Congress to establish courts for the trial of
pirates
Authorized Congress to establish prize courts. States established and operated their ownadmiralty courts. Appeal to congress in prize matters.
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The American Constitution
Admiralty jurisdiction was one of the areas
of federal concern from the beginning.
Querywhat about admiralty jurisdiction
commended federal jurisdiction?
Criminal
Prize
Civilcommercial
In rem
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Piracy
Although now considered romantic, at thebeginning of the 18thCentury a serious socialproblem.
Caribbean pirates ventured up the east coast of
the American colonies. As far as Maine and Nova Scotia
Colonial authorities had difficulty dealing with thepirates.
Resources. Jurisdiction.
Although piracy had receded by the last quarterof the century, the memory was still bright
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Problem M-1
Prosecution for seizing a ship off the coast
of Africa.
Massachusetts sheriff and courts?
New Federal Admiralty and Maritime
jurisdiction?
U.S. Marshal
Where was the law going to come from?
Criminal procedure in admiralty court?
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U.S. Constitution
Article III, Section 2:
the judicial power shall extend to all cases
of admiralty and maritime Jurisdiction
What is the meaning of and maritime?
Effort to escape the strictures of English
Admiralty Law?
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Maritime crimes.
Petty crimes within the jurisdiction of the newly
established District Courts.
Major crimes within the jurisdiction of the Circuit
Courts: Supreme Court justice and district judge.
Except for the District of Maine where the District
Judge was given the powers of the Circuit Court
Concession to geography Thus allowing the trials of Hanson, etc.
Jury trial preserved for maritime crimes.
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Reception of Admiralty Law in the
U.S.
No formal federal reception of English
Admiralty law.
Compare reception of English common law bystates.
American courts did not want to be bound by
English strictures.
Admiralty and maritime law was international
and hence did not need to be adopted
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Admiralty Jurisdiction
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Admiralty Jurisdiction
Subject matter jurisdiction Matters within the admiralty jurisdiction and without
Internationally
In the United StatesStateFederal
Physical Jurisdiction Jurisdiction over the res?
Jurisdiction over the personae?
Compare with territorial jurisdiction in non-admiraltymatters
Subject matter jurisdiction in admiralty may bebased on geographic considerationsi.e. on oroff the water.
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Other Characteristics of Jurisdiction
Jurisdiction by virtual of nationality
Of vessel?
Of crew member?
Jurisdiction by virtue of location of
particular activity
Nautical activity
Land-based activity
Compare long arm statutestort and contract
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Overlapping and Multiple
Jurisdiction
Many sovereigns may acquire jurisdictionto adjudicate the same maritime issue.
Internationally
Within the USState v. Federal
Forum shopping??
Remedies:
Uniformity of Maritime law
Forum non conveniens
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Lets look at some cases
Development of notions of admiralty
jurisdiction in the US.
Related to our particular constitution and
federalism.
In jurisdictions with national legal systems
in which maritime cases are tried in the
ordinary courts this jurisdictional issue can
be simpler.
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The Genesee Chief (p. 48)
What kind of jurisdiction are we concernedwith here?
Subject Matterlinked to things occurring on
a particular kind of place? Territorial usually associated with power of
sovereign?
Why would the plaintiff seek to use the
admiralty jurisdiction?
In rem proceedingcompared with state
remedies.
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Ancient English doctrine
Admiralty jurisdiction is bounded by therise and flow of the tide
Logical basis? Arbitrary?
Ability of vessel to gain the open sea wasbased on rise and flow of tide.
Aspects of ocean navigation and trade thatrequired peculiar institutions of admiralty werebounded by the tide.
Direct participation by foreign ships waslimited to tidewater.
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Why a different result in the US?
There were areas in the US that involved
the same issues of foreign commerce and
remote voyages as did the tidal rule
Some of these were beyond the tides
Great Lakes
Mississippi River
Other large rivers connected with the sea.
How about purely inland bodies of water?
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Navigable Waters
Must be more than a pondsome kind of
waters capable of bearing interstate
commerce
Lynch v. McFarland (p. 54)inland lake
connected to river with canoe or raft
connection with another state not
navigable waters of US.
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Vessels
Admiralty law organized around the concept ofthe vessel.. E.g. limitation of liability applies to vessels.
Not everything that floats on the water is avessel..\
Evansville &. Bowling Green Packet Co. (p. 59)wharf boat not a vessel for limitation purposes.
Keys Jet Ski, Inc. v. Kays (p. 61)Jet ski is avessel for limitation purposes.
How about a surfboard?
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DeLovio v. Boit
What was the issue? English courts had restricted the
jurisdiction of Admiralty over maritime
insurance contracts. Writs of prohibition designed to protect the
parties rights to jury trial in common law
courts over issues of construction of
maritime contracts.
Contracts are written on land to be
performed on land.
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Delovio v. Boit (contd)
What was the policy reason for having
admiralty jurisdiction over marine
insurance contracts? What would have been the
alternatives?
The role of Lloyds of London andmaritime insurers.
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Problem 7p. 80
Policy on motorboatincludes theftcoverage.
Motorboat is laid up on land in the
backyard. If boat is stolen, is there admiralty
jurisdiction over the resulting insuranceclaim?
Who wants admiralty jurisdiction and why? Could the suit have been brought in state
court?
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The Admiral Peoples (p. 80)
Passenger slipped on gangplank.
Why did it make a difference if
admiralty jurisdiction was present?
What are the policies that lie behind
the courts decision?
Court focuses on physical attribute that
generates the policy issue.
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Gutierrez v. Waterman SS Co. p. 82
Longshoreman slipped on beans improperly
stowed by shipboard personnel.
Why did plaintiff want admiralty jurisdiction?
Extension of Admiralty Jurisdiction Act46
U.S. C. 740.
Does it cover injury not done directly by a ship?
What policy of admiralty jurisdiction
applies?
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U.S. Admiralty Jurisdiction -
Contracts
Contracts directly and intimately related
to operation of a vessel and navigation. Mixed contracts also covered where non-admiralty part is incidental or severable.
How about some examples.
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Contracts for repairs of vessels?
Traditional English Doctrinework contractedto be done on navigable tidewaters is
maritimeon land not.
North Pacific SS Co. v. Hall Bros.contractfor repairs to vessel to be hauled out of the
waterheld a maritime contract.
Contrastcontract for the building of a vessel
non-maritime contract.
What is the difference in terms of policy?
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Contracts relating to seamen.
Seamens employment is a maritime contract. Seamen are the wards of admiralty.
Contract for the provision of medical services toinjured/sick seamen? Contracted and performed on land.
Kossick v. United Fruit Co.dispute aboutsufficiency of maintenance and cure in admiralty
jurisdiction - guarantee of performance of Public
Health Hospital. How about a malpractice claim by the seaman
against a doctor at the hospital?
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Borderline Contracts..
Contracts related to maritime contracts, leadingup to maritime contracts, etc., are often notmaritime. Preliminary contract doctrine.
Charter brokerage, insurance brokerage, agencyagreements.
No per se ruledepends on the nature andsubject matter of the contract.
Shipping Financial Services Corp. v. Drakos.(p.71)claim by charter broker for commissionnot maritime.
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Mixed Contracts.
Contracts for both maritime and non-maritime
services.
Non-maritime services must be insignificant to
preserve admiralty jurisdiction. Can they be separated?
Inbesa America, Inc. v. M/V Anglianon-
maritime cargo services significantno
admiralty jurisdiction.
Why is admiralty jurisdiction so important in
cases like this?
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Admiralty JurisdictionTort
Tort committed on navigable waters.
Extended to tort claims for damagescaused by vessels on navigable waters
but done or consummated on land. In addition to special statutory admiralty
jurisdictionswhich will be discussed in
connection with the substantive claimsinvolved.
E.g. Jones Act etc.
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How far does it go?
Does admiralty jurisdiction include pleasureboats in marinas or on lakes.
Navigable waters = yes, but how about
relationship to maritime commerce? Substitute for tides rule?
H20 Houseboat Vacations v. Hernandez(p.
99)accident on houseboat on Lake Havasunot in admiralty jurisdiction.
Why was someone seeking to bring this
case in the admiralty jurisdiction?
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Generalized test..
Two prong test. Prong 1did tortious conduct occur on
navigable water or was injury caused by vesselon navigable water.
Prong 2did incident have potentially disruptiveeffect on maritime commerceand did thegeneral characterof the activity bear asubstantial relationship to traditional maritimeactivity.
McClenahan v. Paradise Cruises (p.102)claimagainst SNUBA operator fell within admiralty
jurisdiction.
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What does admiralty subject matter
jurisdiction mean?
Court has power to entertain the case
when sole basis of jurisdiction is admiralty.
Court has power to employ specialadmiralty remedies such as:
Limitation,
in rem procedure
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Overlapping Jurisdiction
Dispute may be also within the jurisdictionof a non-admiralty court.
Not so important in countries where
admiralty jurisdiction is exercised by thesame courts that handle regular casese.g. France, Germany.
Important in England and US whereadmiralty courts and process are separateand different.
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Savings clause -
Provides that where there is common law
jurisdiction and a common law remedy is
sought maritime related claims otherwise
within the admiralty jurisdiction may beasserted at common law.
State courts or federal courts via diversity.
Maritime claim does not give rise to federalquestion jurisdiction.
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The difference?
Common law cases do not have benefit of
in remprocess, limitation of liability, or
other admiralty processes.
May be able to get a conventional attachment
Must be able to identify and serve opposing
party.
Maritime law is applied as applicable.
Jury trial is available.
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The result -
American federalism, the creation of an
exclusive admiralty jurisdiction in the
Federal Courts, and the difference
between Admiralty procedure and othercivil procedure (particularly jury trial) make
American admiralty law particularly
complex compared with the admiralty lawof other modern nations.
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Physical Jurisdiction of a particular
Admiralty Court -
Arrest of vesselphysical presence of
vessel in port of country to assert
jurisdiction.Arrest Convention of 1952recognizes right
of arrest.
Admiralty claims related to arrestingjurisdiction, voyage in question, collision can
be tried there.
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Jurisdiction other than in rem-
In personamjurisdictionbased on
minimum contacts of person with country
to assert jurisdiction.
Quasi in remfor in personamclaimwhere vessel or assets is in port of country
based on presence of vessel or other
assetsbut if owner defends judgment inexcess of value of assets possible.
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We will go into these complexities
repeatedly as this course
progresses.