Admiralty & Maritime Law
What is Admiralty & Maritime Law?
The terms admiralty and maritime law are sometimes used interchangeably. Admiralty originally referred to a specific court in England and the American colonies that had jurisdiction over torts* and contracts on the high seas. Substantive maritime law developed through the expansion of admiralty court jurisdiction to include all activities on the high seas, and similar activities on navigable waters.
Simply stated, maritime and admiralty law primarily deal with the application of law to events that occur on navigable waters. Navigable waters generally include the oceans of the world as well as large lakes or rivers that can be used for commercial shipping as well as for cruising and recreational activities. These waters are divided into territorial waters and the high seas. Territorial waters are close to land, while the high seas are those waters that are further away from land.
An important consideration in any lawsuit is venue. Under Article III, Section 2 of the U.S. Constitution, federal courts have the power to try "all cases under admiralty and maritime jurisdiction." However, state courts can also hear admiralty and maritime cases by virtue of the "saving-to-suitors" clause of 28 U.S.C.A.ยง 1333(1). This clause allows a plaintiff to sue in state court through an ordinary civil action, when the court's common law is competent to give provide a solution. In such actions, the state court must apply the federal law of admiralty to the admiralty/maritime claims. If a plaintiff believes he or she will fare better before a local tribunal, the option is available.
Admiralty and maritime matters deserve laws that are carefully crafted to suit the complexity and urgency of maritime activities. The (international) nature of high-seas navigation and its attendant perils demand no less.
* Basically, a tort is a crime against an individual involving physical injury For instance: If you sell stolen goods to someone you have committed a crime, but NOT a tort. If you sell stolen goods to someone and hit him, you have committed a crime AND a tort.
