admiralty outline- g w s b a（海军- g w s b一个轮廓）.docVIP

Admiralty Outline I Jurisdiction Generally A. Constitutional and Statutory Bases of American Maritime Law -§ 2, Art. III of Const.: The judicial Power shall extend to all Cases . . . of admiralty and maritime Jurisdiction a) Has been interpreted to allow federal sovereign the power to prescribe the substantive law in maritime cases pending in federal court -Federal law preempts any state law in maritime cases -First Judiciary Act of 1789 enacted maritime jurisdiction statute: The district courts shall have original jurisdiction, exclusive of the courts of the States, of: (1) Any civil case of admiralty or maritime jurisdiction, saving to suitors in all cases all other remedies to which they are otherwise entitled. (2) Any prize brought into the United States and all proceedings for the condemnation of property taken as prize. -§ 1333 generally provides federal and state courts w/ concurrent jurisdiction to adjudicate maritime matters (see “saving to suitors” clause). -Need for uniformity is key -In rem proceedings, generally actions brought against a vessel and binding against the world, are subject to exclusive federal jurisdiction b/c in rem actions were unknown at common law -Federal courts generally have no right jury trial save for when created by statute, in state court, determined by state law B. Judicial Interpretations Southern Pacific Co. v. Jensen (US 1917), p.4 Facts: Jensen was an employee of the Southern Pacific Company (SP). He was working on a ship when he broke his neck and died. SP objected to the award from the NY Workers’ Comp. Commission that was awarded to his remaining family, arguing the award violated Art. 3, § 2 of the Const., conferring admiralty to federal courts. NY SC upheld the award. Holding: -P is liable to employees for on the job injuries under the Federal Employers’ Liability Act (FELA). -As applied here, the Workmen’s Compensation Act (of NY) conflicts w/ the general maritime law under the Const. -Everything abo