Nature of Admiralty Law, Navigable Waters & Vessel Ch. 1 Flashcards

1
Q

Steamboat Magnolia Holding

A

Admiralty Jurisdiction extends to any public navigable waterway on which commerce is carried out.

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2
Q

Why is Admiralty a Separate Federal Jurisdiction?

A

Look for maritime nature. Identify those events, which have a substantial effect on maritime commerce which would justify exercise of Federal Power.

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3
Q

What is the definition of “navigable waters” per Lynch?

A

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4
Q

Definition of “Vessel”

A

A vessel includes every description of watercraft or other artificial contrivance, used or capable of being used, as a means of transportation on water. 1 U.S.C. 3

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5
Q

Navigable Waters: Per Lynch

A

Holding: The lake is purely within the state of Kentucky, and thus not a dominion for interstate commerce. Instead, the lake serves the purposes of pleasure-craft and not commercial operations.

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6
Q

Navigable Waters: Per Daniel Ball

A

“Those rivers must be regarded as public navigable rivers in law which are navigable in fact when they are used or susceptible of being used, in their ordinary condition as highways for commerce, over which trade or travel are or may be conducted in the customary modes of travel and trade on water.”

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