Why do the courts try and trick you into having your case tried under admiralty law instead of common law?

Asked about 2 years ago - Los Angeles, CA

I would just like to know why they do this and also of after you have established that you want your proceeding done under common law jurisdiction and you then hire an attorney would your trial then be tried under admiralty law?

Attorney answers (3)

  1. Barry Franklin Poulson

    Contributor Level 20

    4

    Lawyers agree

    Answered . Are you serious? Admiralty law? That is just one of those crackpot theories that the "all capital letters" and UCC nutcases blog about. No validity under the law whatsoever. Give it a rest. I hope you did not pay a lot for the seminar.

    We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I... more
  2. L. Maxwell Taylor

    Contributor Level 20

    4

    Lawyers agree

  3. William David Turley

    Contributor Level 6

    2

    Lawyers agree

    Answered . It is interesting the previous responses were by non-admiralty/ maritime lawyers. Unfortunately, the previous responses were actually non-responsive and could be down right harmful to you and your case.

    You need to understand that Admiralty Law is, in fact, the “federal common law.” Meaning, that much of U.S. Admiralty law was created by the courts. Including, the issue of admiralty jurisdiction.

    That being said, admiralty law also is comprised of a series of statutes (Jones Act, Longshore Act, Death on the High Seas Act, Suits in Admiralty Act, for example).

    Here is the bottom line - if there is admiralty jurisdiction, then your case is going to be governed by Admiralty Law. Whether you like it or not. In some instances you may be far better off having your case be an admiralty case, rather than a “common law” case. Which, I assume you mean, fall under State Law, rather than Admiralty Law.

    In a nutshell, if you were injured on a vessel in navigable waters of the United States (this is a term art); then your case probably falls under Admiralty law.

    The bottom line, is I would need to know more about your case, facts, etc. in order to provide a more meaningful response.

    Good luck.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

30,814 answers this week

3,188 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

30,814 answers this week

3,188 attorneys answering