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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 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 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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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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Q: Need personal injury attorney

Have brain injury from Tylenol

Tim Akpinar
Tim Akpinar
answered on Nov 9, 2024

I'm sorry about your brain injury. I'm not certain if this is an admiralty/maritime matter (a category chosen for the post). It looks more like product liability (injuries involving dangerous/defective products, including pharmaceutical drugs). There isn't very much detail to go by... View More

1 Answer | Asked in Admiralty / Maritime for Washington on
Q: If I change my status from U.S. citizen to State Nationalist does the law of the land supercede maritime or admiraly law
James L. Arrasmith
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answered on Oct 21, 2024

Changing your status from a U.S. citizen to a State National does not exempt you from the laws established by the federal government. The legal system in the United States is based on the Constitution, which applies uniformly to all individuals within its jurisdiction. Attempting to alter your... View More

2 Answers | Asked in Personal Injury, Admiralty / Maritime, Civil Litigation and Civil Rights for Utah on
Q: Which successful law firm can represent me in fraud on the court case in Utah, filed 7m property lien. W/ Perm. Injury.
Tim Akpinar
Tim Akpinar
answered on Oct 11, 2024

It's difficult for attorneys here to take up your offer to represent you. The format is brief Q & A - no solicitation or attorney referral. The closest thing to an attorney referral here is the "Find a Lawyer" tab above, which lists attorneys by region and area of practice. You... View More

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2 Answers | Asked in Criminal Law, Admiralty / Maritime and Banking for California on
Q: How can I obtain copies of the official bonds of Los Angeles county Superior Court judges and the clerk/executive office

I was damaged by some Superior Court judges misconduct and fraud and I would like to file a claim against their official bonds and their owes of office but they will not inform me where to obtain them or or even provide me a copy when I write the court clerk / executive officer

Robert Kane
Robert Kane
answered on Oct 4, 2024

It is very unlikely you can obtain name of the surety (generally an insurance company that sells the bond to the principal (the judge.)) You can submit a request for information, but it will most likely be denied. If you have a viable case for judical misconduct and fraud you would file a claim... View More

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1 Answer | Asked in Criminal Law, Admiralty / Maritime, Child Support and Civil Litigation for Tennessee on
Q: Is unlawful possession of firearm the correct charge for a felon in possession and firearm and if not. Whats the Correct

A felon in possession was officially charged and is being tried on Unlawful possession of handgun. I thought one was a misdemeanor and the other was a felony charge.

Anthony M. Avery
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answered on Sep 18, 2024

DA has discretion on the criminal charge. So if he chooses a misdemeanor, that is his prerogative.

2 Answers | Asked in Real Estate Law, Admiralty / Maritime, Civil Rights and Land Use & Zoning for West Virginia on
Q: I live on a small island in the middle of the river in a tree house how do I obtain an address so I can get assistance 9

911 refuses to give an emergency address and gets aggressive when I ask ive been here 4 years now

Anthony M. Avery
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answered on Sep 5, 2024

Try bringing up to your County Commission.

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1 Answer | Asked in Contracts and Admiralty / Maritime on
Q: Is it illegal to use bill of lading data in India
Tim Akpinar
Tim Akpinar
answered on Aug 21, 2024

Your question might fall outside this forum, which deals largely with U.S. laws and courts. Someone who is familiar with the shipping laws of India would need to advise. The SHORT answer is that it could depend on who is using the data, what the data being used is, if permissions have been granted,... View More

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