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Admiralty Law
The Admiralty Law is also known as
Maritime Law and governs all U.S. vessels regardless of which ocean
they are sailing in. It is covered by Article III of the United States
Constitution which states that this law is specifically governed by
Federal Law. All countries have maritime laws and they are responsible
for their vessels regardless of which ocean they are sailing in. If a
ship is flying an American flag, then it is governed by the American
Admiralty Law even though it is sailing in another country’s
waters. The law covers all water bodies within the United States as
well as all the oceans.
Original jurisdiction over admiralty and maritime
matters was granted to U.S. federal
courts in
Article III, Section 2 of the United States Constitution. However, most
admiralty cases in the United States can be brought in either federal
or state court.
Admiralty law in the United States developed from the British admiralty
courts present in most of the American colonies. These courts
functioned separately from courts of law and equity. With the Judiciary
Act, though, Congress placed admiralty under the jurisdiction of the
federal district courts. Although admiralty shares much in common with
the civil law, it is separate from it. Common law does not act as
binding precedent on admiralty courts, but it and other law may be used
when no law on point is available.
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