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Admiralty / Maritime Questions & Answers
0 Answers | Asked in Divorce and Admiralty / Maritime for Wisconsin on
Q: Where do I find an "experienced" bulldog divorce lawyer with Admiralty marine lawyer knowledge in a divorce with a yacht

Need immediate help possibly getting an injunction to keep it from being launched the last week in April in Wisconsin to prevent husband from sailing off with his new girlfriend with the asset although no divorce proceedings yet, but impending. Husband is a brilliant clinically diagnosed... View More

0 Answers | Asked in Contracts, Admiralty / Maritime and Gov & Administrative Law for Texas on
Q: I being given an unlawful, not supported in policy's that being on parole I have to be home 50% of the time

Which is a loose transition from a policy's that does not pertain to me and they have not given me the policy to back their claims and I have paperwork filed with the Texas courthouse in Llano county stating my right that has yet to be challenged in two + years. The abuse of authority has keep... View More

0 Answers | Asked in Criminal Law and Admiralty / Maritime for Hawaii on
Q: I am pro se and need to know the best place to obtain the process and stages, as well as court etiquette, and doc filing

It is a misdemeanor, but self defense. Need to know how to navigate thru law of the sea in court, as an American National under law of the land, common law. In Hawaii dist 1. Just their procedures. Thank you.

2 Answers | Asked in Consumer Law, Admiralty / Maritime, Communications Law and Federal Crimes for Michigan on
Q: Bought an item from auction clearly stating unused and when I got it it has missing screws and been tampered with..

Item doesn't charge and clearly been used and tampered with..

Tim Akpinar
Tim Akpinar
answered on Mar 19, 2024

The admiralty/maritime connection (one of the chosen categories) isn't fully clear here, unless this involves a vessel. Otherwise, it could be a basic matter of breach of contract, depending on sales agreement and auction platform's terms of service. Before involving attorneys, it could... View More

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1 Answer | Asked in Criminal Law and Admiralty / Maritime for Louisiana on
Q: what the Admirality/Maritime RS statue for towing barges to park on private property w/o permission. I live in Louisia

Barges park on my property for lengths of time no lease.. Shine lights at my home that enterred into my windows any hour nof night. what right do I have. We own 40 acres of land and 250 feets of this property extents into the river.

Tim Akpinar
Tim Akpinar
answered on Feb 24, 2024

A Louisiana attorney could advise best, but your question remains open for two weeks. Without knowing the reason for choosing to use your waterfront property instead of a mooring, a starting point could be to contact the towing company. It doesn't sound like a practice that the larger towing... View More

1 Answer | Asked in Landlord - Tenant, Contracts, Admiralty / Maritime and Small Claims for California on
Q: I rented a slip for 16 months. Can the owner move my houseboat so he could lien it for 1 month of back rent.

I became homeless from one day to the next. All of my belongings in it & lost my job.

First, He called a tow company to tow my truck without any notices (he stated that it was an eye sore, that it had three wheels, all wheels were on it).

One day before he moved my houseboat I... View More

James L. Arrasmith
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answered on Feb 21, 2024

In California, the owner of a marina or slip has certain legal rights and procedures to follow when dealing with back rent and liens on vessels like houseboats. However, these actions, including moving your houseboat to place a lien for unpaid rent, require following specific legal procedures,... View More

2 Answers | Asked in Bankruptcy, Admiralty / Maritime and Business Formation for California on
Q: Is retail pro under investigation!

I have proof

James L. Arrasmith
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answered on Feb 21, 2024

Unfortunately, I cannot definitively say whether Retail Pro is currently under investigation without more specific information. Here's why (and what you can do with your proof):

Reasons for Uncertainty:

- Types of investigations: Companies can be investigated for various...
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1 Answer | Asked in Consumer Law, Family Law, Personal Injury and Admiralty / Maritime on
Q: I have a warrant an I called the police after store clerk physically assaulted audio and video were there no arrest made

It's a misdemeanor warrant, the officers never arrested the clerk even though he admitted to using the bat police threatened me with my warrant to be quite about the felony assaulte they told me I was trespassed so I should leave the property, I said isn't all this recorded for public... View More

Tim Akpinar
Tim Akpinar
answered on Feb 13, 2024

This isn't an Admiralty/Maritime matter (the category it was posted under). This is something to be discussed with a criminal defense attorney. You could repost and add "Criminal Law" as a category, but the likely response will be to reach out to criminal defense attorneys to discuss. Good luck

2 Answers | Asked in Criminal Law, Admiralty / Maritime and Constitutional Law for Texas on
Q: How do I properly file a petition for writ of prohibition
John Michael Frick
John Michael Frick
answered on Feb 7, 2024

A writ of prohibition is governed by Tex. R. App. P. 52 which governs all original proceedings. The petition for writ of prohibition should be filed electronically using the state's e-filing system with the appropriate appellate court. It should be captioned "In re [name of of the... View More

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2 Answers | Asked in Criminal Law, Traffic Tickets, Admiralty / Maritime and Constitutional Law for Pennsylvania on
Q: Where is “Statutory Jurisdiction” in Constitution?

I appeared for a traffic violation. I told the Judge that I didn’t understand the criminal charge and asked under what jurisdiction the Court was operating in. When I heard “statutory jurisdiction”, I asked where that is located in the Constitution since the Constitution only mentions Common... View More

James L. Arrasmith
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answered on Jan 26, 2024

There is no specific mention of "statutory jurisdiction" in the U.S. Constitution. However, the concept of statutory jurisdiction falls under Congress' authority to establish federal courts and prescribe their jurisdiction under Article III, Section 1 and Article I, Section 8 of the... View More

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2 Answers | Asked in Libel & Slander, Personal Injury, Contracts and Admiralty / Maritime for New York on
Q: How much is the bond paper my birth certificate is printed on worth? Was born in 83

The CUSIF number related to my long form birth certificate. Wonder how much it is worth.

Tim Akpinar
Tim Akpinar
answered on Jan 13, 2024

This doesn't look like it involves an admiralty/maritime matter (one of the posted categories), but you're awaiting a response for two weeks. There is material written on this online, but much of it is from commercial sources. Until you're able to consult with an attorney who is... View More

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2 Answers | Asked in Admiralty / Maritime on
Q: hello, this is a Maritime Law question. I had to arrive by emergency to a mexican port.

so, as I’ve read they are obliged to help me.

I’ve been here for the 72hrs the International Maritime law allows me. but they want to charge me for occupiing a berth during this time.

am I ment to pay? isn’t it an emergency, so it should be free?

James L. Arrasmith
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answered on Jan 14, 2024

Under international maritime law, ports are indeed obligated to provide assistance to vessels in distress, including allowing them to dock in case of emergency. This principle is rooted in the safety and welfare of the crew and the vessel. However, the provision of emergency harbor does not... View More

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1 Answer | Asked in Admiralty / Maritime for Tennessee on
Q: Why is the court room laid out like a ship? And why does said ship fly a flag that means no nation no constitution?
T. Augustus Claus
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answered on Dec 20, 2023

The layout of admiralty or maritime courtrooms resembling a ship and the flag flown, often known as the "admiralty flag" or "maritime flag," is associated with a legal theory known as admiralty law or maritime law. This theory suggests that these courts operate under a distinct... View More

1 Answer | Asked in Admiralty / Maritime on
Q: Why are court rooms set up like a ship? Why is there a flag on the ship that stands for no nation, no constitution? Why

Is the court room operating in maritime and equity jurisdiction? If no judicial courts, nor judges have existed since 1789, then who do we rise for in the court room. So since ens legis is an artificial person created in law, the birth certificate has to be the bond and can it get you out of most... View More

James L. Arrasmith
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answered on Jan 14, 2024

The layout of courtrooms and the use of symbols, such as flags, are steeped in historical and practical reasons, not because they operate under maritime law. Courtrooms are structured to facilitate the legal process, ensuring that everyone involved - the judge, jury, legal counsel, and parties to... View More

2 Answers | Asked in Contracts and Admiralty / Maritime on
Q: QUESTION: In America is a lawyer's first sworn duty is to the court not to the client who employs them.?

I ask because that is definitely the case in the UK. I was accused of harassing a Member of our parliament (MP) because I pointed out that she was committing treason. The court used the law that stops a wife abusing husband from personally cross examining his wife which causes wives to be fearful... View More

James L. Arrasmith
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answered on Jan 14, 2024

In the United States, lawyers do have a duty to the court, but this does not supersede their duty to their client. The American Bar Association's Model Rules of Professional Conduct emphasize both the lawyer's obligation to represent their client zealously within the bounds of the law and... View More

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2 Answers | Asked in Employment Law, Admiralty / Maritime and Cannabis & Marijuana Law for California on
Q: To do a slip and fall at work I was drug tested just we're coming back from vacation and I came out positive for marijua

Was was not notified until 5 months later and then terminated from the cruise ship

James L. Arrasmith
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answered on Dec 6, 2023

Under California law, employers are generally allowed to conduct drug testing after a workplace accident. However, the process must be consistent with the company's policies and any applicable employment agreements.

If you were not notified of the positive test result until five months...
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2 Answers | Asked in Admiralty / Maritime for New York on
Q: The question is how does General Average play a role in today’s maritime industry?
Tim Akpinar
Tim Akpinar
answered on Nov 27, 2023

It still plays a role, and the principle is invoked in modern times. But the hazards of maritime transport have changed a great deal with modern vessels. General average has its historic roots in an age where vessels faced greater risk due to storms, navigational errors, equipment failures, etc. -... View More

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1 Answer | Asked in Admiralty / Maritime for Maryland on
Q: How do I get access to the trust connected to my ss number and the funds there in
Tim Akpinar
Tim Akpinar
answered on Nov 26, 2023

This is posted under Admiralty/Maritime. Unless there's a maritime law element in the matter that isn't mentioned, you may have better chances of a response by posting under "Probate" and "Estate Planning." Attorneys in those categories have insight into matters... View More

1 Answer | Asked in Admiralty / Maritime for Tennessee on
Q: Black law dictionary edition 2 states that an artificial person can be created with bankruptcy.

It then goes on to state that the United States Bankrupt Act of 1898 it is provided that the word persons, shall include corporations, except where other wise specified. Does the birth certificate create an artificial person? And how is this legal. And before you try to say no, I have already seen... View More

Anthony M. Avery
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answered on Nov 21, 2023

I have no idea what you are talking about. But unless the debtor is a person, corporation, or some other legal entity, including trusts, filing such a petition of an artificial person will be federal bankruptcy fraud. That is a federal crime. And the 1898 code is defunct, as the 2005 code... View More

2 Answers | Asked in Constitutional Law and Admiralty / Maritime for Texas on
Q: No judicial courts in America since 1789. So what jurisdiction are courts under? And is it legal?
John Michael Frick
John Michael Frick
answered on Nov 14, 2023

The Judiciary Act of 1789 established the federal court system authorized by Article III of the US Constitution. Federal district courts are authorized to exercise admiralty or maritime jurisdiction.

The current Texas state court system was established by the 1891 amendment to the Texas...
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