Admiralty / Maritime Q&A by State
Your current state is Virginia
Admiralty / Maritime Questions & Answers
Q: Why is another pre-trial set When the prosecutor produced no evidence of jurisdiction?
I was given a ticket for 87 in an 80.
I was on official business to Houston the day before a court date.
I was traveling freely and unencumbered when the officer chased me down. I rolled the window down only about 2 1/2 inches. He demand I roll it all the way down. I refused.... Read more »
You could repost the question simply under Traffic Tickets. There were a number of different headings here, which may have served to discourage your question being picked up until now. Leave off the Constitutional Law and Admiralty/Maritime Law elements (there were no maritime issues here) - they... Read more »
Q: how do I get a copy of the court papers and shipwreck arrest of the Andrea Doria by John Moyer
There was a preliminary injunction filed for the wreck of the Andrea Doria in the United States District Court, District of New Jersey. It was referenced as 836 F. Supp. 1099 (1993) - Civ. A. No. 93-2377. It's hard to say how much of the file subsequent to that is digitized and online, as the... Read more »
Q: Can duties & tariff be added 5-months after the shipment arrived at US port and merchandise sold.
I assume there was a shipping receipt or written contract somewhere in this transaction. Reading the contract may answer your question. Transfer of title is a very complicated subject. I would seek help from a Maritime attorney in your area.
Q: Is there a way my boyfriend can ask to be seen by a judge to lower the bail(which is extremely excessive for his crime)
I heard that there is. Way that you can be seen by the majestrate within 12 hours of arrest to re evalute the bond and bail out with cash. He is homeless. So one hundred thousand dollars is quite excessive for stealing water and fruit to survive
more info needed.
you need to retain a private lawyer or request a public defender.
move to put the matter On Calendar for a bail motion.
Q: How does attorney deal with the moral battle knowing about the court registry investment system and the effects
How does attorney deal with the moral battle knowing about the court registry investment system and the effects
From a practical standpoint, many attorneys do not stop and think to delve deeply into the moral issues because they tend to be more focused on its use as a tool for handling court registry funds. Their immediate attention tends to be more on individual cases.
Tim Akpinar
Q: List Two or three important cases regarding this particular article and section
Is this a homework question?
Q: Does Az.District Court Judge have a deadline to approve a fee waiver? We cannot "Serve" defendant until it is approved.
An attorney would likely want to see additional details here, possibly including pleadings, orders, agreements, and other related paperwork.
Tim Akpinar
Q: How to challenge personal or subject matter jurisdiction in court?
There are a number of ways to challenge subject matter jurisdiction in maritime cases. One of these is raising the issue of location, in terms of whether an accident took place on navigable waters.
Tim Akpinar
Q: hi i have an assignment to ask lawyers about latent defect in maritime law anything in general
To get started, you could look up a federal appeals court decision captioned as French Cuff, Ltd, a British Virgin Islands Company v. Markel American Insurance Company. It's an 11th Circuit case dealing with a crack in the hull of a 64-foot catamaran. The decision discusses latent defects in the... Read more »
Q: in krs 355.2-309 absence of specific time provisions.. What is considered reasonable time? 1,2 4 weeks? 30 days?
created contract to provide signage to a client, I being the designer, creator and Installer, I would purchase the materials needed to do so and construct and then install, had set a date on one part of estimate, however states "this is an estimate on the goods named and subject to change if... Read more »
Reasonable I’d determined the the facts and circumstances surrounding the issue. It could be 30, 60, even 90 days. Bottom line, if you refund the money, they will likely dismiss the charge.
Q: Can experimental (non-US FDA approved) medical procedures be performed by doctors on ships in international waters?
Maritime law question....Could a ship flagged in a non-U.S. registered/flagged country (e.g. the Bahamas) have a doctor on board perform experimental procedures (say, for cancer) when in international waters that are not allowed in the U.S. ?
Probably. What, if any connection does the doctor have with the U.S.?
Q: Is our court actually considered a tribunal as in Admiralty law. The judge, DA and the prosecutor?
As a sovereign we have the jurisdiction over the land of the United States of America. What is the difference between a STRAWMAN and a Human Being.
People use the terms loosely, but U.S. Constitution grants U.S. Courts authority to hear admiralty cases in Section 2 of Article III. In terms of maritime prosecutions, it is common for them to sometimes be handled jointly between the U.S. Department of Justice and U.S. Coast Guard, depending on... Read more »
Q: Where can I find a map of international waters of Asia that is acceptable to the IRS or courts?
For expatriate crew members working in an airplane or ship in a Foreign Country, part of the income made there can be counted as an exclusion for the Foreign Earned Income Exclusion (FEIE). However, when a crew member is performing their services over international waters, all the income made there... Read more »
You could contact the National Oceanic and Atmospheric Administration to inquire if they know who performs the equivalent of their services in Asian countries. The charts I use identify the National Ocean Service Coast Survey as a reference (with additional inputs from the Army Corps of Engineers... Read more »
Q: Are we in Admiralty law or common law. Cause our flags in our court room are gold fringed meaning Admiralty law
Courts today can apply elements of both types of law. It will come down to a matter of the type of case the court has subject matter jurisdiction over, so that if a federal district court is deemed to have admiralty jurisdiction over a matter, it will apply maritime law and the Federal Rules of... Read more »
Q: I am the Plaintiff in a federal lawsuit for damage to my boat at the hands of two Marin County sheriff's, and a Marin
County "Harbor Administrator" and a contractor, and the United States.
The Judge has granted some of my Claims and given me the opportunity to amend. She also mentioned that there might be a Banes Act violation, which I had not included in the complaint, If I can claim to be a... Read more »
Congratulations. I'd suggest you contact a member of CAOC who handles police cases or call the San Francisco or Cal. Civil Liberties Union and ask for the names of "cooperating attorneys" in your are for police misconduct issues.
All the best!
Q: My husband was responsible for an injury on a rig - can the other guy sue us?
Additional details are needed.
Tim Akpinar
Q: How far out does a boat have to be for federal law to apply to an injury?
The criteria is one more about the nature of the waters than of distance. Maritime law can apply to an injury that takes place on something known as "navigable waters," which carries with it the attribute of interstate nexus. Therefore a boat operating off the East Coast, West Coast, adjoining... Read more »
Q: If the accident occurred while in port, what laws apply?
It would depend on the capacity of the person at the time the accident occurred. Was the person a member of the vessel’s crew? Was the person a stevedore working for a cargo terminal? Was the person a welder, mechanic, or other shoreside contractor? Was the person a disembarking harbor pilot?... Read more »
Q: i am looking for the proper form quo warranto state of florida
Look at Florida Appellate Practice by Padavano
Q: cruiseline job. Received medical certificate fit for duty with restriction of "near coastal water" defined as 200 miles
Restriction is due to type 1 diabetes. Cruise line states no voyages within 200 miles although their marketing states otherwise. Is this employment discrimination? How can I find more information on maritime laws, definitions
Unlikely, but I suppose it's worth it to consult with an employment law attorney. Quite likely, the terms of employment with a cruise line include you being certified for "worldwide" service. If you must remain within 200 miles, you are not available for worldwide use, and I am unsure they would... Read more »
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