Admiralty Jurisdiction | Maritime Contracts | A Seaman's Claims | Limitation of Liability | Uniform Maritime Law |
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What is Article 3.
Under this article of the U.S. Constitution extends the Judicial Power of Federal Courts to all cases of Admiralty and Maritime Jurisdiction.
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What is, General Maritime Law.
Under this major controlling law in Admiralty, indemnity provisions are generally enforceable.
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What is, the Substantial Connection Test.
Under the Jones act this test is important in distinguishing between sea and land based employment, since land based employment is consistent with the Jones Act.
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What is, Federal Court.
The shipowner files a complaint under the limitation of liability act for exoneration in this court only.
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What is, Federal Law.
Actions under the deaths on the High Seas Act can be brought in State or Federal Court upon election of the Plaintiff. But the controlling law is _______.
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What is In Rem Jurisdiction
For the court to have this type of jurisdiction the court must have jurisdiction over the res, the property which is named as defendant. The court must have exclusive custody and control over the property.
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What is, Davis & Son’s Inc. v. Gulf Oil Corp.
In which historical case did the court evaluate a contract relationship in light of six factors, that were developed by the court to determine whether the contract was Maritime in nature.
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What is, Willfulness Misconduct.
This is the only defense towards a Seaman’s claim for cure, which are necessary medical expenses and lost wages during time of illness.
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What is, Privity.
What is fault or neglect in which the owner personally participates.
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What is, Diversity Jurisdiction
If you are a defendant in an Admiralty case brought in State court, notwithstanding Jones Act claims, you can remove the case to Federal Court to change forums based upon _____
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What is a Maritime Lien
In a salvage claim, upon rendering salvage service, a salver obtains a this in the saved property by operation of law to secure payment and award due from the property owner.
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What is, Bills of Lading.
What is another name for a contract for the charter of goods.
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What is, The Jone Act.
This is a cause of action for injury or death caused by the negligence of the ship owner, the master or crew members.
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What is, Due Diligence.
Privity and knowledge together can also be treated as this.
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What is, Federal Law.
When a contract is a Maritime one and the dispute is not inherently local this law controls the contracts interpretation.
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What is, the locality test.
This test states that in order to be successful in a tort claim, the tort must take place in navigable waters or high seas, a body of water in between two states that is capable of being used for interstate commerce.
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What is, Frustration of Contract and Frustration of Charter Parties.
In order to have this in a charter repudiation claim you must have an unforeseen event for which there is no allocation of risk in the contract, and which renders performance of the commerciality of the contract impracticable.
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What is, Unseaworthiness.
The Seaman has this claim when he or she proves that some condition or aspect of the vessel, equipment or crew, was not reasonably fit for its intended purpose, and that he or she was injured as a result.
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What is, Privity and Knowledge.
The shipowner can only get limitation of liability if he can show that it was out of both _____ and ______.
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What is, the Admiralty Extension Act.
This act states that damage done by a vessel in navigable waters is subject to Admiralty jurisdiction even if that damage is done on land.
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What is a Maritime Nexus.
Maritime locality is not sufficient to bring the tort within Federal Admiralty Jurisdiction, but that there must also be this, a relationship between the tort and traditional maritime activities involving navigation or commerce on navigable waters.
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What is, Economic Loss.
No product liability claim lies in Admiralty Law when the only injury claimed is this.
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What is, Three Years.
A suit for recovery of damages under the Jones Act shall not be maintained unless commenced within this many years from the death or injury.
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What is, the value of interest of such owner of such vessel.
The liability of the owner of any vessel for any embezzlement, loss or destruction of any person or any property, goods or merchandise shipped or put on board of such vessel, for any loss damage or injury by collision, caused without the privity and knowledge of such owner, shall not exceed ______.
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What is, Supplemental Jurisdiction.
Under 28 U.S.C. 1367 the District Courts shall have this, over all other claims that are related to claims in the action within such original jurisdiction that they form part of the same case under Article 3.
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