Consequences of Admiralty Jurisdiction Ch. 4

Question 1

Constitutional Basis

Answer 1

“The judicial power shall extend …to all Cases of admiralty and maritime Jurisdiction.” Art. III, Sec. 2

Question 2

Statutory Basis (Savings to Suitors)

Answer 2

“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. 28 U.S.C. 1333 (Savings to Suitors)

Question 3

What is meant by “saved” in the “Savings to Suitors” Clause?

Answer 3

a. The right of a common law remedy, where the common law is competent to give it.
b. The right to enforce the maritime cause of action in a court of law which may be either the state or federal court that has jurisdiction at law by virtue of diversity of citizenship or the existence of a federal question.

Question 4

Remedies by Common Law:

Answer 4

All remedies except In Rem proceedings

Question 5

Romero

Answer 5

From Written Lecture

Question 6

The Hine

Answer 6

Admiralty Jurisdiction is exclusive except for actions involving the Savings to Suitors Clause

Question 7

Consequences of Suing in Admiralty Jurisdiction

Answer 7

1. Can sue the vessel, in rem
2. Non-jury trial
3. No venue requirement
4. Special Admiralty Rules for 3rd Party Practice: Rule 14(c ): Third Party Practice-known as imp leader allows party to litigate whole matter in one transaction.

Question 8

Quasi In Rem

Answer 8

Answer

Question 9

In Personam Process

Answer 9

Answer

Question 10

Sovereign Immunity

Answer 10

Answer

Question 11

Procedure in a Nutshell

Answer 11

Written Lecture