#admiraltylaw

[takemoneyonline]

The Intriguing World of Sovereignty and Blacks Law Dictionary

Now this was a great fuggin' video I stumbled upon, it has now changed my whole outlook on the world and government 

[sanghvia36]

Admiralty and Maritime Law: An Overview

Here’s everything you need to know about admiralty and maritime law in detail. A unique body of law governing maritime legal issues, questions, and concerns is maritime law, referred to as admiralty law.

Admiralty and maritime law covers domestic and private international laws and various regulations and rules, including shipping, cargo, passenger transportations, goods transportations, personal injuries, accidents, etc.

Let’s get into depth and understand the role and purpose of maritime law in detail.

What are admiralty and maritime law?

Maritime law consists of the statutes governing legal disputes that originate on navigable waters. All bodies of water capable of being used or are being used for interstate or foreign commerce be a part of navigable waters. 

Hence, a large water body that flows into the ocean or crosses the state line would fall within the statute of maritime jurisdiction. The admiralty and maritime law will apply to the water body flowing into the ocean. It is important to note that a water body, such as a lake entirely within a single state, does not fall within maritime jurisdiction.

Admiralty and maritime law deal with a variety of factual scenarios. Commercial accidents resulting in damage to cargo, vessels, seamen injuries, and hazardous material spills are common examples. The law can also apply to liens against a ship, towage contracts, wake damage, and illegal activities such as piracy. Furthermore, maritime jurisdiction is upheld in recreational boating accidents in navigable waters as per the law.

Click here to know more about admiralty and maritime law works on getlegal.com.

Maritime law application

Article III, Section 2 of the US Constitution states that the federal court hears cases where admiralty and maritime law apply. Congress enacted the maritime law following its constitutional authority to regulate commercial activities between the states and the foreign countries.

The primary activity carried in the open ocean is the shipping of cargo. Following an accident, litigation arises over whoever is responsible for the lost or damaged cargo. The Carriage of Goods by Sea Act (COGSA) applies in the case of foreign trade, in which American law applies. 

The COGSA act made part of every bill of lading restricts a ship owner’s liability to $500 per container, conditioned that the ship should be in a proper condition before its departure.

Admiralty and maritime law also deal with disputes concerning salvage awards. Such cases involve vessels, cargo, or other property saved from peril or recovered from the ocean or the bottom of the ocean. The rescuer of the property is entitled to a reward by law for taking risks necessary to conduct the salvage.

A prior contract may determine the size of the reward that the rescuer is entitled to. If an agreement is not made, courts will decide the size of the reward in such a case, based on factors such as the value of the property rescued and the degree of the risk involved and taken by the rescuer to rescue the property.

Understanding admiralty and maritime law

Maritime law in most developed nations follows a different code and is an independent jurisdiction from national laws. 

Through the International Maritime Organization, the UN has issued conventions as per the admiralty and maritime law that can get enforced by the navies of the countries that have signed the treaty outlining the rules issued by IMO.

Most insurance claims relating to ships and cargo, along with handling civil matters between ship owners, seamen, passengers, and piracy, are governed by the law. Additionally, registration, license, and inspection procedures for ships and shipping contracts, maritime insurance, carriage of goods and passengers, etc., are also regulated by maritime law.

The International Maritime Organization's primary duty is to ensure that existing maritime international conventions are kept up to date and develop new agreements when the time demands. 

As per current time, numerous conventions regulate all aspects of maritime commerce and transport. IMO names three conventions as its core conventions, namely:

The international convention for the prevention of pollution from ships

The international convention for the safety of life at sea

The international convention on standards of training, certification, and watchkeeping for seafarers

IMO has a complete list of existing conventions on its website, along with historical amendments and explanatory notes.

The government of the 174 is responsible for the IMO conventions for ships registered with IMO in their nation. The local government has the right to enforce the provisions of IMO conventions as far as the ships in their country are concerned and set the penalties for infringements. 

In some instances, the shipowners must carry certificates that show that the ship got inspected and the required standards laid down by the International Maritime Organization.

International maritime organization

The IMO is a specialized agency of the UN responsible for taking measures to improve the safety and security of international trade and commerce carried out by shipping and to prevent marine pollution from ships. 

The international maritime organization sets the standard for the safety and security of international shipping, which has to be followed by the signing nations. The organization oversees every aspect of worldwide shipping regulations, including legal issues and shipping efficiency.

Understanding the IMO

The objectives of the IMO can get best summoned by the slogan – “safe, secure, and efficient shipping on clean oceans.” It is the slogan of IMO. The primary duty of the IMO is to set policy for international shipping, security, and environmental performance to address financial concerns surrounding shipping, discouraging shippers from compromising on shipping safety, etc.

The Assembly (IMO’s governing body) comprises all 173 member states, generally meetings every two years. Items such as council elections, looking at the budget, deciding upon the work program get addressed by the assembly in every meeting.

The IMO also takes legal issues on international shipping, such as liability and compensation matters and facilitation of international maritime traffic.

The international maritime organization is getting the attention it deserves to break down the workload and ensure each area of concern. IMO has five committees asked with making policies and developing, going over, and overhauling rules and guidelines. Those committees include the following:

The technical co-operation committee

The maritime safety committee

The legal committee

The facilitation committee

The marine environmental protection committee

Additionally, seven sub-committees are working under the above five committees.

Some of the vital International Maritime Organization treaties are:

The International Convention for the Safety of Life at Sea (SOLAS)

The International Convention for the Prevention of Pollution from Ships (MARPOL)

The International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers (STCW)

Admiralty and maritime law in the United States

Each country entails its specific set of rules and regulations regarding admiralty and maritime law. Under title 28, in the United States, federal courts have jurisdiction over all admiralty and maritime law and claim matters, including the right to file a maritime lawsuit in the appropriate state court. 

Additionally, federal maritime law in the United States allows seamen to file “joint and several liabilities,” which means one or more than one party can be sued for injuries, even if the liable parties only contributed a small portion to the injuries that happened.

Most states in the country do not usually allow joint and several liabilities. However, this is an essential aspect of maritime law. The law enables multiple parties to get liable instead of just one, even if the state where the injury or the incident occurs does not recognize the admiralty and maritime law.

Types of maritime law

Maritime law separates the type of damages when an accident and injury occur. Maritfiveime workers can claim damages according to the person injured, where the injury occurred, and the circumstances surrounding the injury. Let’s look at the types of maritime law applicable.

Maintenance and cure

When seamen get injured while on the job, they usually get entitled to benefits like maintenance and cure, regardless of how or when the accident occurred, as long as the accident took place while seamen were working.

During recovery, the daily living expenses get covered by maintenance, such as rent or mortgage, food, taxes, etc. However, optional expenses, such as cable television, internet, and other expenses, do not be a part of maintenance. In addition, automobile expenses, including gas, insurance, repairs, etc., do not get included as they aren’t considered necessary to run a household.

On the other hand, the medical expenses associated with the injury during recovery get covered in cure. The expenses, including doctor visit fees, medication, examinations, rehabilitation, any special medical equipment needed, etc., form a part of the cure.

If you are a seaman and injured while on duty, maintenance and cure would be your first option to gain compensation. Maintenance and treatment will last until a qualified physician gives you a clean bill of health and determines you would be able to return to work.

However, if you still suffer from the injuries experienced, getting a second or third medical opinion is recommended. If you return to work when you aren’t fully recovered, you risk eliminating other benefits and compensation you may be entitled to for the injuries suffered.

The Longshore and Harbor Workers’ Compensation Act (LHCWA)

A workers’ compensation program -the Longshore and Harbor Workers’ Compensation also gets recognized by admiralty and maritime law. 

The program, as the name suggests, provides compensation to the workers who have suffered injuries while working on the navigable waters or on and around areas of navigable waters, such as loading of go from vessels, unloading cargo from vessels, and working on deck, piers, repairing ships, etc.

The act covers any worker employed in maritime occupations, including longshore and harbor workers, shipbreakers, and ship mechanics. It excludes any personnel who are eligible for state benefits and compensation.

The basic requirements of the act are:

Injured employees can receive 66 2/3 percent of their weekly wages for their recovery period.

Employees who suffered injuries are eligible for compensation for permanent disabilities and loss of organs and limbs to replace the loss of their earning capacity.

Widows get entitled to 50% of pay in the event of workers’ death, as per the Secretary of State’s national average.

A report must get furnished to the director in the district in which the incident happened within ten dates of the injury from the date that the worker informed the employer of the damage.

The LHCWA carries a statute of limitations for one year from the date of the injury. However, the statute of limitations will start as soon as your employer stops paying in the case where the employer begins providing compensation and benefits. 

For example, the employer can pay benefits to the injured worker over two years, even though the statute of limitations is over one year. In such a case, the statute of limitations will begin regardless of how long the employer takes to pay the injured worker.

It’s essential to file a formal claim within one year of the injury, even if the employer is paying you while injured. Filing the claim will make it clear and known that you are filing the claim to seek the benefits under the Longshore and Harbor Workers’ Compensation Act.

The Jones Act

Under the Jones Act, unlike maintenance and cure, seamen or the injured workers seeking benefits under the act must prove that their injuries are a result of negligent acts of another party and the injuries were suffered while at work.

While the employers are liable for damages and injuries suffered by their workers, the burden of proving, the injuries are on seamen.

It is vital to note that the burden of proof in such cases is much lower than in personal injury cases. Seamen under admiralty and maritime law only need to prove that their employee played a role in the accident. 

Common reasons for employer liability under the Jones Act include:

Co-worker assault

Inability to place warning and hazard signs around dangerous areas

Inability to ensure that equipment parts are up-to-date and working correctly

Inability to properly train employees before putting them to work

Overworking workers, leading to fatigue and repetitive use injuries

Inability to provide proper safety gear and equipment

The number of damages under the Jones Act will depend upon the severity of the injuries suffered and the details about each individual case. Damages under the act include lost wages, suffering, disfigurement, lost earning capacity, etc. 

It is important to note that you never need to sign any paperwork your employer or insurance company has given you apart from the initial accident and injury report. It is good to seek the legal help of an experienced maritime accident attorney to review the documents before you sign any carefully and fight for your rights.

Employers would try to escape from their responsibility when an accident happens, and his/her workers get injured in it. Additionally, insurance companies can coerce you into signing away your rights. Make no delays in seeking the help of an experienced attorney in such a case. 

Click here to contact an experienced maritime accident attorney on getlgeal.com.

The Jones Act has a statute of limitations of three years from when the injury took place. However, an exception applies to the rule of the Jones Act. Suppose the lawsuit is against a vessel owned and contracted by the government of the United States. The statute of limitation in such a case is shorter and varies from case to case.

Passenger Personal Injury

Passengers aboard cruise ships and other vessels who have suffered injuries while in the sea are covered under admiralty and maritime law. Passengers have the right to file a lawsuit against the shipowner as per the maritime law if the accident occurs because of the shipowner or shipowners’ crew negligent acts.

For example, a passenger has the right to file for damages if he or she falls on a flight of stairs aboard a cruise and if the fall occurred because of broken steps or a broken rail. The statute of limitations under personal passenger injury is typically three years. 

Visit getlegal.com to know more about types of admiralty and maritime law.

To conclude –

Workers who have suffered injuries on the job have the right to recover compensation under admiralty and maritime law. If you or your loved one is a seaman and has sustained injuries while on the job in navigable waters, it is your right to seek compensation for the injuries suffered. It is better to make no delays in seeking the help of an expert advocate to get the compensation you deserve.

[fifthbuddha]

UNITED STATES DISTRICT COURT District of Hawaii KINGDOM OF HAWAI'I V. STATE OF HAWAIIS, et al. February 8, 1995 Case Number: CV 94-00876SPK JUDGEMENT: "IT IS ORDERED AND ADJUDGED that plaintiffs' complaint is hereby DISMISSED due to lack of subject matter jurisdiction." THE #MAGIC #SPELL WORDS FOR ALL ISLANDS COURT SYSTEMS FOR #OAHU, #KAUA'I & #BIGISLAND, #MAUI SHOULD ALREADY KNOW, BUT THEY BEEN TOO BUSY DEALING WITH THE ACTORS, WHO HAVE MOSTLY BEEN HIRED BY THE CATHOLIC CHURCH TO DIVIDE AND CONQUER ENDANGERING US ALL!!! DO NOT ENTER THE SWINGING DOORS IN THE COURT ROOM & SPEAK THIS SPELL WITH CONFIDENCE: "KINGDOM OF HAWAII, show title and jurisdiction." - (Your Name Here)🎁💗 ANY Note: We (#KingdomOfHeaven #HQ) are under currently under #InternationalLaw, the defacto satanic #StateOfHawaii is under #MaritimeLaw or #AdmiraltyLaw. #KingdomOfHawaii, the only real country with Trade Agreements with the World, is under International Law under illegal occupation by @usarmy @marines @usnavy, whom I love dearly but currently has expired leases for @pearlharbornavalshipyard with 34 years interest and damages. As I did in when in 1874 as @KingDavidKalakaua and #AscendedTheThrone, I AM back again and can sign, seal & renew the lease, with a #AlohaAina clause. The curses as a country will be transmuted by making amends for #TheCabal selling everyone to #China with their #SocialSecurity numbers. As China, Russia and Lord Shiva aka @5thBudddha and every country watches the last days of @Japan's rule over #TheKingdom, all you MF's that have hidden #LandDeeds, stolen documents in the secret #BureauOfConveyances offices @mypubliclands and home as keep sakes. This is your last chance to clear that karma, it better be sent directly to me in person, mail, stool pidgeon #IDFG #MakeItMappen like @MariahCarey in the 90's or #GTFO with #AncestralKarma to clear. You can do it anonymously, I understand but #Akua is watching you and calibrating your karmic debts, and will cancel them out as they are made amends, curses broken🕉 cc'd @berniesanders @realdonaldtrump @hillaryclinton @unitednations @realxijinping @emperor.noble @shinzoabe @visitjapanjp @kingdavidkalakaua (at Mauna Kea) https://www.instagram.com/p/B7o7YFsATas/?igshid=tcy33hoc6s93

[tiluchielite]

CANON 2057?What Is This? ————————————- DOES AMYONE KNOW IF THIS LAW APPLIES IN THE U.S.? ————————————- ADMIRALTY/MARITIME LAW? What Laws Are This? Are They Connected To CANON LAW? ————————————- Because If It Applies, All Else Is True...Isn’t it? #canonlaw #admiraltylaw #maritimelaw #Canon2057 https://www.instagram.com/p/B7RFlEAF5wC/?igshid=1qhws1juzy5d8

[chexawe]

Reposted from @julian__priest1 #birthcertificate #strawman #stockmarket #federalreserve #eliteagenda #newworldorder #admiraltylaw #billcooper #jordanmaxwell #bobbyhemmitt #siriustimesmedia #farrakhantaughtme #elhajjmalikelshabazz #elijahmuhammad #drkhalidmuhammad #drfrancescresswelsing #leomuhammad #ishakamusabarashango #drbenjochannan #nuwapians #nationofislam #bookertcoleman #drmarimbaani #tajtarikbey #moorish #moorishlaw #4biddenknowledge #iamarevolutionary #revolutionaryconsciousness #blackintellectuals

[rebirthwithlatoniataylor]

Do we understand foreign & domestic policy? Not when we have time for The #NFL & not to research. Magical Melanin Rich Lands receive the most sanctions. No accident!! Thx Mia!!! #Repost @themamamiax ・・・ They are starving. They have limited food and drinking water. Most of the power is out. The news channels are talking about the delays of getting supplies. The world is insane hand heartless right now. America biggest concern is taking a knee not the reasoning behind it. Puerto Rico is suffering. Flints water is still fucked up. And some people are moving as if all is well. Don't get blindsided..... Look around. Pay attention for your own good. #TheJonesAct #AdmiraltyLaw #PuertoRico #USTerritory #HurricaneRelief

[angeljaw]

@admiraltylaw

Natalie Diaz

[spanky606]

Regrann from @intellectual_lecture101 - Learn the difference between the Law of the Land and the Law of the Sea. . The law of the sea is #maritimeLaw/#AdmiraltyLaw. Maritime Law is foreign to the Natural #CommonLaw of the land. Common law is designated for natural living people with rights inherited upon birth from God. The law of the sea governs over commercial activity on water and the cargo that is aboard it's ships(vessels). Tho the law of the sea(LAW OF PROPERTY/PERSONS)operates strictly under a commercial capacity, it has been created to mirror the law of the land(LAW OF PEOPLE). . Natural people are protected and treated as such under the Law of the Land (common law) constituted for living human beings. HOWEVER, those people who have contracted/been contracted with the DISTRICT OF COLUMBIA, UNITED STATES organization(company) ARE NOT! The UNITED STATES OF AMERICA(in all caps) company is a foreign commercial business that operates under Maritime law. If under contract as a citizen of this company you're registered as a commercial good owned by that foreign corporation, legally. . When you were born in a UNITED STATES hospital, your parents contractually signed you over to the U.S.A® as a PERSON(fiction) belonging to one of it's subsidiary states(companies). A person is a legal fiction that is GRANTED privileges disguised as rights of people(humans). The major difference between cargo(persons) of the sea vs people(humans) of the land is that persons have privileges while people have rights. Privileges can be changed, altered or repealed while the rights of people given by god cannot. Being that your privileges as a person mimics the rights of people, you willingly subscribe to it's businesses policy. If currently contracted with the U.S.A. as citizen(person/fiction), you're willingly subjecting yourself to it's policy in which you will have all the privileges you thought were rights removed from from you. . Unless you're correcting your status, everything else you're doing as far as research is a waste of time. You only have until 2020 before its required for all U.S. citizens to be vaccinated in order to work in the "states". EVERYTHING OTHER THAN THIS

[detektivsystem-blog]

2018 mid-March • P.I.-surveillance-Team Detektiv SYSTEM Detektei ® discreet in action during a investigation-processing around the Main-River-Area Frankfurt (Germany) #riverboat • #barge • #inlandvessel • #mainriver • #germany • #frankfurt • #surveillance • #admiraltylaw • #marinelaw • #maritimelaw • #lawofthesea • #detektiv_system_detektei (hier: Frankfurt, Germany)

[msjonesgrandboy]

I strongly suggest every person in this nation get a copy of the #BlacksLawDictionary becuz the English language has so many ridiculous & unnecessary synonyms, and these wicked devils play on the language & words in the court system. They have cleverly applied #MaritimeLaw & #AdmiraltyLaw to everyday life.

[juanfdarce]

Admiralty and Maritime Law! Got to love our clients. Beautiful cruise ship. Call me to help with your Admiralty and Maritime Depositions! #esquiremiami #maritinelaw #admiraltylaw #depositions (at Oceania Cruises)

[infinit3sol]

Am I the only one who notices the fraudulent behavior?? We are all being controlled by this fraudulent DEMONcratic corporation we call the federal government!! #IWantFreedom #Uplift #WakeUp #AdmiraltyLaw #GoldFringeFlag #GovernmentBeen ShutDown

[duggu24]

Top-Rated Personal Injury Attorney | Personal Injury Lawyer

Every minute in the U.S., an American is injured due to an accident, with one American dying every three minutes due to accidental injury. These numbers include overdose, vehicle crash, and drowning rates. Such personal injuries are considered preventable, but accidents still happen. Though many lose their lives to accidents every day, still more will become permanently injured and experience changes to their mental and emotional well-being as a result. Mounting medical expenses, lost wages, effects on relationships, and severe physical injuries are just a few of the ways that a personal injury can affect a person or their loved ones. When that injury results from someone else’s negligence, the injured party may have a right to recover damages from the incident or receive compensation for their loss. Types Of Personal Injury Cases Personal injury cases can vary widely and may include several different types of cases. These cases include: - Assault and battery - Bike accident - Car accident /auto accident - Dog bite - Inadequate Security - Libel - Medical Malpractice - Motorcycle accident - Rideshare accident - Sexual assault and battery - Slander - Slip and fall accidents - Swimming pools accidents - Truck accident - Wrongful Death Knowing if your case is a personal injury case can help you decide if you want to hire a personal injury lawyer to pursue compensation for your medical bills as well as any pain and suffering. Read the full article