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Admiralty / Maritime Questions & Answers
1 Answer | Asked in Contracts, Admiralty / Maritime, Appeals / Appellate Law and Business Law on
Q: What is the difference/significance in court document showing, "USA vs ***" and "United States vs. ***" ?
Tim Akpinar
Tim Akpinar
answered on May 9, 2024

I can't recall running across admiralty/maritime cases cited as USA. Most of the maritime cases I see with the citation you mention involve U.S. DOJ prosecutions for marine pollution, usually shipboard oily discharges, and they are cited as "United States vs. the Shipping Company,"... View More

1 Answer | Asked in Criminal Law and Admiralty / Maritime for Georgia on
Q: Here in GEORGIA, what are the rules of giving notice to a defendant in the case of transcript reconstruction?

The court reporter failed to create record of plea hearing. Later, the prosecutor sent a proposed transcript to defendant. Defendant was given no certain time by which to respond. Nor was defendant made aware that the proposed transcript would become the true and official transcript if he did not... View More

Glenn T. Stern
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answered on Apr 30, 2024

Under Georgia law, reconstructed transcripts are governed by OCGA §5-6-41(g), which states

"Where a trial is not reported as referred to in subsections (b) and (c) of this Code section or where for any other reason the transcript of the proceedings is not obtainable and a transcript...
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1 Answer | Asked in Contracts, Admiralty / Maritime, Civil Rights and International Law on
Q: What happens when someone says in court? 1. I do not consent to these proceeding? 2. Your offer is not accepted

3. I do not consent to being surety for this case and these proceedings

4. I demand the bond be immediately brought forward so I can see who will indemnify me if I am damaged

What happens next in the courtroom if this said to the administrative clerk/ judge?

James L. Arrasmith
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answered on Apr 25, 2024

If someone were to make those statements in court, here is what would likely happen:

1. Saying "I do not consent to these proceedings" would not have any legal effect. Court proceedings are compulsory and do not require the consent of the parties involved. The judge would likely...
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1 Answer | Asked in Divorce, Admiralty / Maritime and Family Law 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

Tim Akpinar
Tim Akpinar
answered on Apr 21, 2024

You're seeking an attorney, and it could be difficult for attorneys here to respond with offers of their services. There is no solicitation here - the format is limited to quick Q & A. The closest thing to an attorney referral page on this site may be the tab above, "Find a... View More

1 Answer | 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.

Tim Akpinar
Tim Akpinar
answered on Apr 23, 2024

I'm not a criminal defense attorney, but you posted under Admiralty/Maritime, and your question remains open for four weeks. It would probably be best for an experienced criminal defense attorney who practices in Hawaii to advise you. But as a general point, I see you are working on... View More

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

Tim Akpinar
Tim Akpinar
answered on Mar 16, 2024

There is no way for anyone here to know this. I do not know who the company you mention is, but as a general matter, many investigations (other than public ones such as NTSB accident investigations, or certain cases receiving journalistic coverage) are not conducted openly. Good luck

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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 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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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 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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1 Answer | Asked in Admiralty / Maritime and Criminal Law for California on
Q: Why are the lower courts operating under a maritime law when we are on land how did they have jurisdiction on land

Why is it California judicial system violates the rights under the constitution of due process when the Constitution states anything that's adverse to the Constitution is null and void? And how is it that the police department is allowed to invade your privacy punish you without proper due... View More

James L. Arrasmith
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answered on Nov 10, 2023

California's lower courts operate under the jurisdiction and legal framework established by the United States Constitution and the California State Constitution, not maritime law. Maritime law, or admiralty law, typically applies to incidents or contracts that occur on navigable waters, and it... View More

1 Answer | Asked in Contracts and Admiralty / Maritime for Mississippi on
Q: I've just become aware of title 18 usc 242-245 under color of. And the 12 persumtions of the bar guild,and admirality.

Under admiralty law of the water and being pursumed lost at sea.and being charged under corporate codes,statutes,Public policy,misrepresentation of name,none discloser.fraudelent ,communist democracy,operated out of Dobos Switzerland, and administered from fleet street Egland,for the bishopric of... View More

James L. Arrasmith
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answered on Nov 18, 2023

The concepts you're referring to, such as admiralty law applying to individuals and notions of being "lost at sea" or governed by "corporate codes" under a "communist democracy" operated from Switzerland or England, are not recognized principles in United States... View More

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