原文传递
Legal Talk
| 题名： | Legal Talk |
| 正文语种： | eng |
| 作者： | DANIEL J. HOERNER |
| 作者单位： | Mouledoux Bland Legrand & Brackett LLC |
| 摘要： | U.S. admiralty law is unique in that it provides federal courts with exclusive jurisdiction over many maritime cases. This begs the question: Why are so many maritime claims litigated in state court if the federal courts are supposed to have exclusive jurisdiction? The answer stems from another important provision of statutory law: the "saving-to-suitors" clause. This preserves the right of a litigant to have his maritime suit tried beyond the boundaries of the admiralty jurisdiction of the federal court system and brought in many of the state courts of "inferior jurisdiction." The saving-to-suitors clause is also important in that it can preserve the right to trial by jury, which is not otherwise available in claims that fall strictly within federal admiralty jurisdiction. But the federal court's exclusive reach over admiralty claims cannot be avoided in all cases. For example, suits in rent, or against a vessel directly, can only be filed and tried in federal court before a judge. No right to a jury trial exists in that instance and other distinctly maritime causes of action. |
| 出版年： | 2022 |
| 期刊名称： | Work Boat |
| 卷： | 79 |
| 期： | 6 |
| 页码： | 14-14 |
检索历史
应用推荐
