The Katie was seized in international waters outside Canada's maritime jurisdiction.
2.
The US courts have taken an expansive view as to what constitutes a claim that may fall under maritime jurisdiction, which can include:
3.
But I write separately because I cannot agree with the test the Court applies to determine the boundaries of admiralty and maritime jurisdiction.
4.
When determining whether maritime jurisdiction exists under s1333 ( 1 ), a federal district court should ask if the tort occurred on a vessel on the navigable waters.
5.
Drafted by Justice Joseph Story, and sponsored by Representative Daniel Webster of Massachusetts, the statute defined a series of new federal crimes applicable in areas under exclusive federal jurisdiction the admiralty and maritime jurisdiction.
6.
A federal court's authority to hear cases in admiralty flows initially from the Constitution, which " extend ( s ) " federal judicial power " to all Cases of admiralty and maritime Jurisdiction ."
7.
If the activity at issue here is considered maritime-related, it argues, then virtually " every activity involving a vessel on navigable waters " would be " a traditional maritime activity sufficient to invoke maritime jurisdiction ."
8.
In " United States v . La Vengeance " ( 3 Dall . 297 ), the Court held that a proceeding by the United States to forfeit a vessel is a cause of admiralty and maritime jurisdiction.
9.
The Board was established by Henry VIII in 1546 " to oversee the administrative affairs of the naval service " ( while policy direction, operational control and maritime jurisdiction remained in the hands of the Lord High Admiral ).
10.
The Supreme Court issued the " Rules of Practice in Causes of Admiralty and Maritime Jurisdiction " in 1844 to govern such proceedings, which substantially remained in force until 1966 when the current " Supplemental Rules " were adopted.
मोबाइल