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Admiralty / Maritime Questions & Answers
2 Answers | Asked in Admiralty / Maritime for Texas on
Q: What does 'International Traffic' mean in maritime law regarding ship movement and regulations?

I am seeking a deeper understanding of the term "International Traffic" in maritime law, specifically regarding its legal implications and applications in shipping operations. How does this term relate to the movement of ships, and what types of ships are included? Additionally, what... View More

Tim Akpinar
Tim Akpinar
answered on Jun 24, 2025

One way to look at international traffic is commerce between different nations. There are volumes written about the subject you mention, covering things from territorial waters to economic exclusion zones to fisheries enforcement. In terms of the movements of vessels, this is governed by navigation... View More

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3 Answers | Asked in Admiralty / Maritime, Family Law, Personal Injury and Wrongful Death for Florida on
Q: Liability concerns for child's cruise travel permission.

I want to sign permission for my 13-year-old son to travel with his father, whom he lives with full-time, and his father's family on a cruise to Bermuda. I have visitation rights with my son, and the cruise company requires both parents' signatures for consent. Will I be held liable if my... View More

Tim Akpinar
Tim Akpinar
answered on May 8, 2025

If your son embarks on the cruise, I hope that he enjoys a safe and enjoyable trip with the family. From the standpoint of maritime law and cruise ship protocols, you or the child's father could be presented with certain waivers of liability to sign, depending on the cruise line. These could... View More

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3 Answers | Asked in Admiralty / Maritime, Personal Injury, Contracts and Insurance Defense for Georgia on
Q: Am I personally liable for a friend's injury on a rental boat in Georgia?

I was involved in an incident where a friend of mine was injured on a rental boat. He was pulling up the anchor and asked me to give it some gas to unstick it, but I gave too much throttle, and the rope caught around his finger, cutting off the tip. The rental agreement stated that misuse of... View More

Michael W. Horst
Michael W. Horst
answered on May 7, 2025

There is a difference between a claim and a lawsuit. If your friend is pursuing a claim, he can do that directly with the insurance company. However, if he is filing a lawsuit, you will be sued as the defendant since you are the alleged negligent party. Whenever a person is named in a lawsuit,... View More

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2 Answers | Asked in Admiralty / Maritime and Gov & Administrative Law for California on
Q: What should I do with a potential ambergris found in California?

I recently found a stone at Capitola Beach, which I believe might be ambergris, weighing about 506 grams. I'm trying to confirm its identity and legality. I've attempted to contact ambergris experts but haven't received a response yet. I'm unsure whether I can sell it or if I... View More

Tim Akpinar
Tim Akpinar
answered on May 6, 2025

The website of the National Oceanic and Atmospheric Administration (NOAA) advises as follows, "You may not collect, keep, or sell ambergris because it is a part from an endangered marine mammal." (sperm whale) NOAA provides the following number for assistance: (301) 427-8401, from:... View More

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2 Answers | Asked in Admiralty / Maritime, Divorce and Family Law for Arizona on
Q: Should a sold boat be listed in a dissolution petition as community or separate property?

If I sold a boat that may be considered my husband's separate property while residing at our marital home with court permission, despite him being granted exclusive use of the home—which was also his separate property—should I list the sold boat in the dissolution petition? My husband was... View More

Rich J. Peters
Rich J. Peters
answered on Apr 28, 2025

If you have not yet filed the petition, then I do believe that what must be listed in the petition is community property that exists at the time the petition is prepared. He of corse may want to respond with a claim that it was improper for you to sell his boat without his permission.

A...
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1 Answer | Asked in Employment Law and Admiralty / Maritime on
Q: Do seafarers accrue annual leave whilst on paid leave (holiday) under Cayman Islands Flag State law?

No further information or contractual provisions to consider

Masoud Jahani
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answered on Dec 16, 2024

Under Cayman Islands flag state law, seafarers do not accrue annual leave while on paid leave (holiday). According to the provisions outlined in "Benedict on Admiralty," justified absences from work, such as holidays, are not considered as annual leave DOC. No. 9-1A MARITIME LABOUR... View More

1 Answer | Asked in Admiralty / Maritime and Civil Litigation on
Q: How are sales regulated on cruise ships? do the onboard shops/stores follow the laws of the ship's flag state?

Specifically, do the onboard shops follow the laws of the ship's flag state, the laws of the cruise company's home country, the local laws of the port of call, or another jurisdiction?

Masoud Jahani
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answered on Nov 12, 2024

In summary, onboard shops and stores on cruise ships typically follow the laws of the ship's flag state, but U.S. laws apply when the ship is within U.S. territorial waters or under specific international agreements.

Sales on cruise ships are primarily regulated by the laws of the...
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2 Answers | Asked in Contracts, Admiralty / Maritime and Cannabis & Marijuana Law for Tennessee on
Q: Was banned from a cruise line for making a YouTube video about Marijuana smoking onboard. Was never caught.

Someone saw the video and reported it to the cruise lines. And I was banned for life. Not for getting caught for smoking weed. Banned because of a video of me smoking onboard. Can I sue?

Tim Akpinar
Tim Akpinar
answered on Jul 9, 2024

They'll do that. The short answer is that cruise lines have a no-marijuana policy. It's possible the video was flagged as a violation of policies, and that it could be used as evidence in subsequent proceedings if it appeared on social media or other public forums. Good luck

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1 Answer | Asked in DUI / DWI, Gov & Administrative Law, Employment Law and Admiralty / Maritime for New York on
Q: Appealing Coast Guard decision

Hello, I was taking contaminated gummies and failed pre employment drug test. Please advise, I completed class and evaluation, Coast Guard took my credentials without any notifications.8

Tim Akpinar
Tim Akpinar
answered on Jul 6, 2024

It might be difficult to get guidance on this here - it's a narrow niche, even within the realm of maritime practitioners - most of whom don't work in this sector. There are some attorneys who handle Coast Guard credentialing and licensing issues involving Administrative Law Judges. You... View More

2 Answers | Asked in Criminal Law and Admiralty / Maritime for Maine on
Q: If someone is holding onto your vessel and has been instructed to release your vessel and they do not, can you remove it
Masoud Jahani
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answered on Jun 23, 2024

Yes, under U.S. Federal law, if someone is instructed to release a vessel but fails to do so, the owner can legally remove the vessel. This is supported by case law where the courts have addressed similar situations involving the retention and release of vessels.

The key term is has the...
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2 Answers | Asked in Criminal Law and Admiralty / Maritime for Maine on
Q: If someone is holding onto your vessel and has been instructed to release your vessel and they do not, can you remove it
Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 23, 2024

The answer to this questions would depend on numerous factors, such as where is the vessel being held, does the person holding it claim any right to it, how it would be removed, etc? You should consult with a lawyer about the particular facts and circumstances of this matter before taking any... View More

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1 Answer | Asked in Admiralty / Maritime for Puerto Rico on
Q: Es legal que el DRNA requiera las plantillas de impuesto para poder sacar el sello anual de una embarcación

Cuando fui a sacar el sello de mi embarcación en la oficina del DNRA la señora me indico que tenia que traer las plantillas de impuesto para verificar que ambos dueños (yo y mi esposa) somos los dueños legales de la embarcación, me indico que eso empieza el año que viene???

Alberto J. Castaner
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Alberto J. Castaner
answered on Jun 1, 2024

La Ley 430 llamada Ley de Navegación y Seguridad Acuática de Puerto Rico y el Reglamento tienen los requisitos de inscripción. El Artículo 8 (4) del Reglamento requiere que se presente "evidencia de haber rendido su planilla de contribución sobre ingresos, mediante

certificación...
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3 Answers | Asked in Admiralty / Maritime, Contracts, Business Law and Social Security for Texas on
Q: What are the powers that an authorized agent has to act on an account for the principal?

Accepting and transferring balances to the principal account

John Michael Frick
John Michael Frick
answered on May 28, 2024

An authorized agent has whatever powers the principal has given to the agent acting on his/her/its behalf. An agent has a fiduciary duty to act honestly in accordance with the principal's instructions in good faith with utmost loyalty to the principal and to refrain from self-dealing.

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3 Answers | Asked in Admiralty / Maritime, Contracts, Business Law and Social Security for Texas on
Q: What are the powers that an authorized agent has to act on an account for the principal?

Accepting and transferring balances to the principal account

James L. Arrasmith
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answered on Jun 2, 2024

As an authorized agent on an account, you have the power to perform specific financial actions on behalf of the principal. These actions can include accepting and transferring balances to the principal's account. Essentially, you manage financial transactions that the principal has entrusted... View More

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3 Answers | Asked in Consumer Law, Contracts, Admiralty / Maritime and Small Claims for California on
Q: I bought a boat through a private seller. The boat does not run. when I was told it did. What do I do?

I signed a contract for a boat through a private seller. I did sellers financing. I am still in this contract with him making payments. I was told multiple times that the boat runs, works, and is good to go. I have text messages and emails confirming this was said. I did end up trusting this... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 25, 2024

Thank you for your question!

You can rescind the contract, and/or sue for damages if you spent money to repair it maintain it.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you...
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3 Answers | Asked in Consumer Law, Contracts, Admiralty / Maritime and Small Claims for California on
Q: I bought a boat through a private seller. The boat does not run. when I was told it did. What do I do?

I signed a contract for a boat through a private seller. I did sellers financing. I am still in this contract with him making payments. I was told multiple times that the boat runs, works, and is good to go. I have text messages and emails confirming this was said. I did end up trusting this... View More

James L. Arrasmith
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answered on May 24, 2024

Under California law, even if a contract states "as is," you may have recourse if the seller made fraudulent misrepresentations about the condition of the boat. Since you have text messages and emails confirming that the seller stated the boat runs and is in good condition, you can argue... View More

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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 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

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

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