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Admiralty / Maritime Questions & Answers
1 Answer | Asked in Contracts and Admiralty / Maritime on
Q: Is the judicial system in the US and Canada PRIVATE OR PUBLIC?
Tim Akpinar
Tim Akpinar answered on Apr 6, 2021

As a general premise, judicial systems are public. In the U.S., court systems are operated by the government on the federal, state, and local levels. In the U.S., Article III of the Constitution establishes federal courts ("The judicial Power of the United States, shall be vested in one... Read more »

5 Answers | Asked in Bankruptcy, Immigration Law, Admiralty / Maritime and Health Care Law for Virginia on
Q: Would it be accurate to say that any attorney who passes the bar exam know about client confidentiality?
Mr. Chad Van Horn
Mr. Chad Van Horn answered on Apr 1, 2021

The answer should be yes, but unfortunately, there is a chance that an attorney that passed the bar isn't well versed in client confidentiality.

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1 Answer | Asked in Admiralty / Maritime, Libel & Slander, Civil Litigation and Elder Law for Indiana on
Q: If you fill out a personal check wrong is it a crime? Can someone turn it around and make it a crime?
Tim Akpinar
Tim Akpinar answered on Mar 10, 2021

If someone made innocent errors in filling out a check, it would not generally be considered crime. If the errors were material and they were deliberately made with the intent to deceive the payee or to deceive the financial institution, those could amount to crimes, depending on applicable... Read more »

1 Answer | Asked in Admiralty / Maritime, Business Formation and Business Law for Maryland on
Q: Are there any license requirements to become a ship chandler?
Tim Akpinar
Tim Akpinar answered on Mar 10, 2021

Ship chandler is a term that's used more loosely than traditional seagoing slots for which licensing credentialing is clear, such as second engineer for first officer. If the employer has any kind of requirement to maintain merchant marine credentialing, information on seagoing credentialing... Read more »

3 Answers | Asked in Bankruptcy, Contracts, Admiralty / Maritime and Business Law for California on
Q: What option do we have to avoid bankruptcy as freight forwarder hit by per-diem charges for container storage?

We are a freight forwarder and at the brink of filing for bankruptcy. Our client, the shipper, ran out of warehouse space to accept shipments and instead had the trucking company hold the containers for over three months. The shipping company charges detention or per-diem fees for the containers... Read more »

Leon Bayer
Leon Bayer answered on Feb 23, 2021

You should immediately consult an attorney to review all the contracts and any other paperwork. Without seeing the contracts, there is no way to answer your question.

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1 Answer | Asked in Admiralty / Maritime, Business Law and Cannabis & Marijuana Law on
Q: In North Carolina do I have to have a dealer's license to purchase a dealer license plate
Tim Akpinar
Tim Akpinar answered on Feb 7, 2021

There was no mention of a vessel, although Admiralty/Maritime was selected as a category. It wasn't clear if this was about a maritime law matter involving a vessel or activity on navigable waters. Good luck

Tim Akpinar

1 Answer | Asked in Admiralty / Maritime on
Q: Is it proper to not refer to a documented ship as e.g. "the Constitution", instead just "Constitution"?
Tim Akpinar
Tim Akpinar answered on Feb 3, 2021

In terms of the USS Constitution, the vessel is generally referred to as Constitution or USS Constitution, without the word "the." But I see people use the word "the." In legal pleadings I deal with, I see vessels designated both ways. That's just as a general matter. But... Read more »

2 Answers | Asked in Estate Planning and Admiralty / Maritime for North Carolina on
Q: Hello, I just turned in my 90 day inventory to my local NC clerk of court.

They advised I wait a few months to see if any debits or credits came in. I thought after 90 days I could wait a few weeks and do the final accounting. I did of course do the 90 day notice to creditors in legal but I didn't mail or hand deliver any notices. Thanks.

Nina Whitehurst
Nina Whitehurst answered on Jan 7, 2021

Do you have a question? If so, you should try posting again.

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1 Answer | Asked in Admiralty / Maritime on
Q: Am a little bit confused,what exactly is tge Giannelis v. Atlanta 82,F.Supp 218,1948 about please
Tim Akpinar
Tim Akpinar answered on Dec 20, 2020

This case goes back to 1948 and it can sometimes be difficult to find digitized records for cases going back that far in time. It was decided in the United States District Court, Southern District of Georgia, Savannah Division on August 27, 1948. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law and Admiralty / Maritime for Michigan on
Q: Legality of bicycling on breakwater in Marquette, Michigan

The breakwater is public and often visited by pedestrians. No signs on the premises make mention of pedestrians or otherwise, only that one may not damage federal property.

Tim Akpinar
Tim Akpinar answered on Dec 2, 2020

A Michigan attorney could advise best, but your question remains open for two weeks. This does not appear to involve maritime law. If there is no signage, it could be difficult to determine what the exact rules would be. One option could be to check with local lawmakers, officials, or land-use... Read more »

1 Answer | Asked in Contracts, Admiralty / Maritime, Constitutional Law and Military Law on
Q: Are you a BAR Member?

Do you answer to the British monarch

Tim Akpinar
Tim Akpinar answered on Nov 25, 2020

The maritime firms here practice in the U.S. mainly. There are online resources for finding UK maritime firms outside of this site. Additionally, some of the larger maritime firms based in the U.S. have international practices with offices overseas. Good luck

Tim Akpinar

1 Answer | Asked in Contracts, Admiralty / Maritime and Intellectual Property on
Q: Will DOG LATIN syntax void a commercial offer from from your quasi courts?
Tim Akpinar
Tim Akpinar answered on Nov 18, 2020

Courts are not too concerned with syntax. The emphasis is more on substantive legal issues, such as naming the parties, identifying the goods, including prices, timeframes to accept offer, forms of acceptance, etc. Good luck

Tim Akpinar

1 Answer | Asked in Admiralty / Maritime and DUI / DWI for Florida on
Q: I was arrested and 92 for a DUI in Hawaii I was in the Marine corps it was maritime do I still have to pay that fine
Tim Akpinar
Tim Akpinar answered on Nov 1, 2020

It isn't fully clear what is meant when you say this matter was maritime. If by "maritime" you mean it involved operating a vessel under the influence, it could be what many states call Boating While Intoxicated (or some jurisdictions use Boating While Ability Impaired, where there... Read more »

2 Answers | Asked in Real Estate Law and Admiralty / Maritime for North Carolina on
Q: brother took over our father land after he died in 1973 but many of my siblings never signed and were minors
Tim Akpinar
Tim Akpinar answered on Oct 31, 2020

Unless this involved a vessel or had some other kind of maritime connection, it looks more like something on which a probate - estate planning attorney would be able to offer meaningful insight. You could repost and add Probate and Estate Planning to your Real Estate category, or you could reach... Read more »

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2 Answers | Asked in Admiralty / Maritime for Iowa on
Q: In Iowa, what is the liability of a boat owner if a towing company overcharges without an agreement?

I asked a towing company if they could tow a jet ski 300 yards up the Missouri River in Iowa. No pre-estimate of price, no agreement was signed or verbally given, and I repeatedly asked when to bring my trailer to pick it up at the dock if they would bring it up the water. They brought the jet ski... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 16, 2020

It looks like the towing company may be asserting a salvage claim as a result of the towing operation. The distinction between a simple tow to a gas dock or a valid salvage action could hinge on the circumstances. To give rise to a salvage claim, maritime law generally requires that there be a... Read more »

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1 Answer | Asked in Libel & Slander, Personal Injury and Admiralty / Maritime for California on
Q: I was in a boat fire where my friend & I were severely burned. It was almost 2 years ago and I need to find a lawyer.

My friend and I were in a boat fire on another friend's boat. We were intubated and we're in a coma for a little while. I still have permanent scars & cognitive dysfunction because of this. I need a lawyer to help me file a claim for damages, medical bills as soon as possible.

Tim Akpinar
Tim Akpinar answered on Oct 13, 2020

I'm sorry for your injuries from this terrible boat fire. I agree with Mr. Webb and Mr. Gribow - you need to act immediately. There will be a number of issues for your attorney to sort out quickly. If this boating accident occurred on navigable waters, it could introduce unique issues of... Read more »

2 Answers | Asked in Admiralty / Maritime for Florida on
Q: Is this still valid law in terms of the selling price must at least be for 1/2 the value of the vessel?

F.S. 328.17 non judicial sale of vessel.

In addition, there is no written lease involved After purchasing the boat from the boatyard.

Thank you.

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 5, 2020

I don't see anything in Section 328.17 providing that "the selling price must at least be for 1/2 the value of the vessel". But if you want, look it up yourself at... Read more »

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1 Answer | Asked in Copyright, Admiralty / Maritime, Intellectual Property and Trademark on
Q: Hi, I would like to use the word navy in my business name. Would this cause conflict with The US Navy?

Has the US Navy trademarked the word “navy” ? Is it possible to use the word ”navy“ (referencing the color) in a business name in combination with other words? It is for a design industry business and in no way related to anything military. I would hate to name my business only to have it... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 1, 2020

Your question awaits a response for a week. There aren't really any admiralty/maritime law issues here, and that may have overshadowed the IP attributes of your straightforward question. There's no guarantee that every question is picked up, but you might have better chances of a response... Read more »

1 Answer | Asked in Tax Law, Traffic Tickets, Workers' Compensation and Admiralty / Maritime for Florida on
Q: AA222141 what's this #means

Moorish is the only citizen, not Americans

Tim Akpinar
Tim Akpinar answered on Aug 10, 2020

This is posted under Admiralty/Maritime, but I am not able to cross-reference any federal maritime statutes under those letters and digits. If it is a case citation, one possibility is Moorish National Republic Federal Government #AA222141 et al v. US Department of State et al, US District Court... Read more »

1 Answer | Asked in Admiralty / Maritime for South Carolina on
Q: Is it legal for me to use an inflatable boat with paddles in a local lake without a boat license?

And if so are there any requirements I need to know about before going out?

Tim Akpinar
Tim Akpinar answered on Jul 31, 2020

A South Carolina attorney could advise best, but your question remains open for two weeks. As a GENERAL matter, states impose licensing or safety certifications when vessels are mechanically powered or for personal watercraft. But each state's requirements could be different, which is why... Read more »

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