Let’s face it, most of us tend to zone out at the sheer mention of a technical legal term. Clearly, legalese isn’t everyone’s cup of tea. But if you’re in business and happen to have lost a shipment at sea or have suffered an injury due to a shipowner’s negligence, you’re probably not new to maritime and admiralty law.
What do these terms mean? Is there a difference between them? Are the terms interchangeable? Plus, when should you consider hiring a maritime law firm? These are some of the questions the average Jane would ask.
If you’re in the dark, this post is for you. But if you’re familiar with admiralty and maritime law, it won’t hurt to brush up on your legal knowledge, right? So, please stick around as I shed more light on the subject.
A Bit of History
The term admiralty has its origins in the legal system of the American and English colonies. In these jurisdictions (a jurisdiction defines the extent of power a court has to make judgments), admiralty courts were responsible for hearing maritime law cases, including legal wrongs and disputes over contracts. Historically, US admiralty courts obtained their authority from England.
Over time, the scope of these courts was expanded to include other areas of civil law, such as property disputes and contracts that arose on navigable waters. Once the US gained independence, the country’s constitution and federal courts helped redefine the meaning of admiralty and maritime law. Consequently, and through rulings at the time, the line differentiating the two terms got blurred.
Today, admiralty law is used interchangeably with maritime law to refer to similar elements. As a result, admiralty courts have jurisdiction over various matters, including shipping disputes, maritime accidents, and salvage claims. The term refers to the body of law that governs these matters. Overall, admiralty or maritime law is a complex and ever-evolving area of the law that has been shaped by centuries of precedent.
Are we still on the same page? Great. Please keep reading.
The Link Between Federal Courts and Jurisdiction
US federal courts have maritime and admiralty jurisdiction, meaning they can handle diverse maritime cases. Framers of the constitution deemed it fit that way, as such cases could have national significance by impacting trade with other nations.
As a result, federal admiralty courts derive their authority from maritime law and follow defined procedures. For instance, they don’t involve juries when conducting trials. Also, courts usually file actions against vessels as opposed to their owners.
Consequently, the vessel’s owners can’t escape a particular court’s jurisdiction, especially with their valuable vessel on the line. In most cases, owners end up paying a significant bond to reclaim their vessel. Consequently, a pending trial can proceed to completion. Under the law, a vessel could mean any of the following:
- Fishing boat
- Towboat
- Dredge
- Crew boat
- Tanker
Although state courts can make legal decisions involving maritime or admiralty law, said judgments should adhere to federal maritime laws. In short, federal maritime laws supersede state court decisions.
Federal maritime laws are designed to promote safety and efficiency in the maritime industry and to protect the rights of shipowners, sailors, and passengers. These laws also help resolve disputes between nations concerning the use of the seas and other navigable waters. Given the importance of these objectives, state court decisions should be consistent with federal maritime law to eliminate confusion.
Types of Cases Handled by Maritime or Admiralty Courts
Most cases involving navigable waters (oceans, lakes, rivers, or bayous) are under admiralty court jurisdiction. Some of the matters handled by federal maritime courts include:
- Contract disagreements
- Loss of cargo or damage to vessels as a result of accidents
- Environmental pollution
- Piracy
- Wrongful death or injuries to a crew member resulting from negligence
Reality Check
Maritime law is a complex and ever-changing field; navigating it can be difficult for even the most experienced individual. It governs various activities, including shipping, trade, fishing, and leisure boating. As a result, it’s advisable to enlist the help of a competent attorney familiar with the law if you plan to pursue related legal action.
If you need legal assistance in this area, talk to an experienced admiralty attorney from a reputable maritime law firm. These professionals have the knowledge and experience necessary to ensure your rights are protected. Plus, they’ll push for the best possible outcome in your case. They can also advise you on the conditions for filing a claim under admiralty or maritime law while evaluating your options. Contact a law firm for a free consultation if you have a complex legal issue or need competent representation.