Maritime Lawyer

Determining the Jurisdiction of Maritime Law

Maritime law is a very unique, even somewhat peculiar body of law. Cases tried under maritime law are subject to different requirements and different judgments than those tried under ordinary civil law. Because the implications of a maritime case are so numerous, it is important for those involved to accurately determine the jurisdiction of maritime law.

The issue is not a simple one. Several factors complicate the issue of jurisdiction when maritime law is concerned. First of all, it is an incorrect oversimplification to assume that maritime law deals with all issues pertaining to ships, boats, or marine navigation. Second of all, because maritime law is a federal issue, the conflict between federal and state authority is present in determining jurisdiction.

Types of Maritime Cases

While it is true to say that maritime law deals primarily with shipping, boating, and other marine activities, it would be wrong to assume that any case involving such issues is automatically covered by maritime law.

According to the Judiciary Act of 1789, suitors in a case will have “the right to a common law remedy, where the common law is competent to give it.” This clause significantly complicates the issue of jurisdiction, by allowing suits to be tried under “normal” law when this law can sufficiently handle the case. How then, do we determine which suits are tried under which laws?

It may be easier, in this situation, to provide some examples of cases which maritime law would not apply to, rather than attempting to list the ones which it does cover. For example, maritime law generally would not affect cases about the building or purchasing of a ship, issues arising from charter negotiations, or any services to a ship which are not directly related to navigation.

The Waters Test

A second factor which must be considered in a maritime case is the location of the inciting incident, i.e., where the ship or vessel was when the incident occurred. Because the federal government only has authority to regulate “interstate commerce,” maritime law only applies to bodies of water which can be used for this interstate commerce. This means that lakes or rivers which are not usable for interstate transport are not subject to maritime law.

The Vessel Test

A final issue in maritime jurisdiction is the type of vessel involved in the case. Obviously, a sailing ship or cargo ship is clearly governed by maritime law. But what about barges, floating platforms, or oil rigs? In these cases, jurisdiction can be determined by the court in several ways. One method is by determining the original purpose of the object. Another is by assessing if the object is exposed to the “perils of the seas.”