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1 Answer | 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

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 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

Tim Akpinar
Tim Akpinar
answered on Jan 29, 2024

The U.S. Constitution grants powers to courts under Article III. I'm not certain if uses the term "statutory jurisdiction," but it outlines the extent of judicial powers in Section 2, " ...to all cases of admiralty and maritime jurisdiction; to controversies to which the United... View More

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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

Tim Akpinar
Tim Akpinar
answered on Jan 14, 2024

The duties are intertwined. Lawyers must exercise diligence and be zealous in advocating the interests of their client. At the same time, they must operate within the strict guidelines of the court system, which includes comlpying with codes of civil procedure, criminal procedure, rules of... View More

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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 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

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

Tim Akpinar
Tim Akpinar
answered on Dec 6, 2023

You could try to arrange a free initial consult with an employment law attorney. If your cruise ship was not U.S.-flagged, that would be meaningful to an attorney. Since most cruise ships are registered offshore, it could help if you have a copy of your employment agreement - that might contain... 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?
James L. Arrasmith
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answered on Nov 28, 2023

General Average is a principle in maritime law that is still very relevant in today’s maritime industry. Here's how it functions and its role in modern shipping:

Definition of General Average: General Average is a maritime principle that dates back to ancient maritime law. It...
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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 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

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

2 Answers | 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

The notion that lower courts operate under maritime law on land is a misconception. In the United States, courts operate under the legal framework established by the Constitution and relevant federal and state laws. The jurisdiction of courts, including those in California, extends to matters... View More

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2 Answers | Asked in Admiralty / Maritime and Civil Litigation for Washington on
Q: Can I sue a marina that gave my boat to the previous owner?

The marina claimed that the title I just received from the state was counterfeit and blocked my access to getting the boat in the water or on a trailer and then put it on either the water or a trailer for the previous owner effectively stealing my $40,000 yacht

T. Augustus Claus
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answered on Nov 2, 2023

Yes, you may be able to sue a marina that gave your boat to the previous owner. Under Washington law, a marina has a duty to protect the property of its customers. If the marina breached this duty by giving your boat to the previous owner, you may be able to recover damages for the loss of your... View More

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2 Answers | Asked in Admiralty / Maritime and Civil Litigation for Washington on
Q: Can I sue a marina that gave my boat to the previous owner?

The marina claimed that the title I just received from the state was counterfeit and blocked my access to getting the boat in the water or on a trailer and then put it on either the water or a trailer for the previous owner effectively stealing my $40,000 yacht

James L. Arrasmith
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answered on Nov 18, 2023

If a marina has wrongfully given your boat to the previous owner, especially after claiming your title was counterfeit, you may have grounds for a lawsuit. The key issues here would be the marina's basis for determining the title was counterfeit and their decision to release the boat to... View More

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3 Answers | Asked in Consumer Law, Contracts, Admiralty / Maritime and Civil Litigation for California on
Q: BoatUs Towing no follow through on tow went from a tow 09/25/23 to a salvage/sink 09/26/23 because they abandoned it

BoatUs Gold Towing. Captain solo sailing had a seizure Point Loma Sunset Cliffs drifting into a sandy, rocky area grounding the boat, still surrounded by water unable to move the boat, needed a pull to unground. Bypassing boat called lifeguards, coast guards and a towing guy from BoatUs towing... View More

James L. Arrasmith
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answered on Oct 31, 2023

Under California law, if BoatUS did not fulfill its obligations as per the Gold membership agreement and this resulted in further damage or loss, you may have grounds for a legal claim. It's crucial to review the specifics of your Gold membership agreement to understand the extent of coverage... View More

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3 Answers | Asked in Consumer Law, Contracts, Admiralty / Maritime and Civil Litigation for California on
Q: BoatUs Towing no follow through on tow went from a tow 09/25/23 to a salvage/sink 09/26/23 because they abandoned it

BoatUs Gold Towing. Captain solo sailing had a seizure Point Loma Sunset Cliffs drifting into a sandy, rocky area grounding the boat, still surrounded by water unable to move the boat, needed a pull to unground. Bypassing boat called lifeguards, coast guards and a towing guy from BoatUs towing... View More

Tim Akpinar
Tim Akpinar
answered on Nov 1, 2023

There is considerable information to sort out in your post, and it's very involved to meaningfully address in the brief format of a public forum. Your situation may be a matter of how the operation was characterized - in other words, was it treated as a tow or was it treated as a salvage... View More

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1 Answer | Asked in Admiralty / Maritime and Criminal Law for California on
Q: Hello, (Ref: Maritime PIRACY law vs. Civil/Criminal Law)

Recently, in San Fran Bay Area, the Oakland/Alameda Island Estuary (a salt water navigable U.S. Waterway), has had incidents of "so-called" PIRACY. (Boats are being burglarized).

THE QUESTION:

Which law enforcement agency has jurisdiction, U.S. Coast GUARD or local... View More

James L. Arrasmith
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answered on Oct 10, 2023

In the Oakland Estuary, both the U.S. Coast Guard and the local county Sheriff can have jurisdiction, but for different reasons and circumstances. The distinction between a boat being tied up in port versus being out at anchor doesn't necessarily determine whether an act is piracy under U.S.... View More

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