does the local courthouse which would handle issues ranging from traffic violations to felony charges operate under maritime law?i believe it may also be known as Admiralty law?
Those cases can be controlled by a federal statute known as the Jones act. If they fall under the Jones act they are Federal and are usually filed in Federal Court. Other boating cases can be filed in the circuit court. You need to consult with a lawyer familiar with Maritime law. Since you have given no facts about the situation, I cannot further advise what the laws are you follow. Good luck
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Maritime law, generally speaking, involves issues related to boating. It can be on a lake, river, or ocean. Depending on the type of lawsuit (personal injury, shipping, etc.) there MAY be requirements to file in Federal Court, or you may be able to file in State Court. The information that you provided is to vague to get a real sense of what is going on.
Maritime law, really, is nothing more than a special set of laws related to boats. I have litigated services rendered to a boat in State Court and in Federal Court. If you want to seize the boat, it must be done in Federal Court.
Speak with a lawyer to determine what it is that you want/need, and she/he can direct you to where you need to go.
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Regardless of whether the claim is filed before a state or a federal court, federal admiralty/maritime law governs.
Consult with a specialized attorney.
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Yes and no. Simple answer-local state courts are authorized to decide maritime cases but when they do, they use a combination of their own state law and federal maritime laws.
Detailed answer-the "local" courthouse operates under the state law of the state in which it is located. Usually the states have separate types of courts, depending on the size or type of the case, and not all local state courthouses will handle things like traffic tickets, name changes, etc.. Each state will, however, have a court that is its court of "general jurisdiction," which is usually the first line trial court. Different states have different names for them, i.e. "Superior Court,"- Washington and California, "Court of Common Pleas," -Ohio, "District Court,"- Texas, etc. Whatever the name, that court can handle cases where the federal maritime law is the controlling law of decision because a federal law called the "savings to suitors" clause, 28. USC 1333(1) permits them to do so. When they do handle these cases, they apply 3 basic sets of laws. First, they use their own state law to control the procedure of the case. Second, they apply the federal maritime law rules to the the merits- the guts of the case- where there is a federal law rule on the specific issue. But not all issues have federal maritime rules that apply, so where there inst one, they apply their state law rule instead.
However, there are some maritime law things that only a federal maritime court can do, like arrest a ship, cargo, etc. under certain circumstances.
It's not the location of the courthouse that determines the law that applies but instead, the location of the accident. If the accident occurs on navigable waters and has the potential of impacting commerce then maritime law would apply. Generally this is any body of water (lake, inlet, waterway, bay, etc) with access to the open ocean. If so then maritime law would apply. You would then pursue could pursue the claim in the local courthouse in the same county/jurisdiction where the accident happened. It is a very specialized area of the law dating back hundreds of years. So find an attorney who specializes in Maritime law to assist you.
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