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Limitation Of Liability Act Of 1851
In United States maritime law, the Limitation of Liability Act of 1851, codified as since February 1, 2010, states that the owner of a vessel may limit damage claims to the value of the vessel at the end of the voyage plus " pending freight", as long as the owner can prove it lacked knowledge of the problem beforehand. This Act was the subject of a 2001 United States Supreme Court case in '' Lewis v. Lewis & Clark Marine, Inc.'' History The Act was passed by Congress on March 3, 1851 to protect the maritime shipping industry; at the time, shipowners were subject to loss from events beyond their control such as storms and pirates, so the Act was designed to limit the shipowners' liability to the value of the vessel. Without it, American shipping was "at a competitive disadvantage" compared to other maritime countries where similar limitations applied. Section 3 of the 1851 Act states "the liability of the owner or owners of any ship or vessel ... shall in no case exceed the amount ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pending Freight
Admiralty law in the United States is a matter of federal law. Jurisdiction In the United States, the federal district courts have jurisdiction over all admiralty and maritime actions; see . In recent years, a non-historically-based conspiracy argument used by tax protesters is that an American court displaying an American flag with a gold fringe is in fact an "admiralty court" and thus has no jurisdiction. Courts have repeatedly dismissed this as frivolous. In United States v. Greenstreet, the court summarized their finding to this argument with, "Unfortunately for Defendant Greenstreet, decor is not a determinant for jurisdiction." Applicable law A state court hearing an admiralty or maritime case is required to apply the admiralty and maritime law, even if it conflicts with the law of the state, under a doctrine known as the "reverse-''Erie'' doctrine." The ''Erie'' doctrine, derived from ''Erie Railroad Co. v. Tompkins'', directs that federal courts hearing state action ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lewis V
Lewis may refer to: Names * Lewis (given name), including a list of people with the given name * Lewis (surname), including a list of people with the surname Music * Lewis (musician), Canadian singer * "Lewis (Mistreated)", a song by Radiohead from ''My Iron Lung'' Places * Lewis (crater), a crater on the far side of the Moon * Isle of Lewis, the northern part of Lewis and Harris, Western Isles, Scotland United States * Lewis, Colorado * Lewis, Indiana * Lewis, Iowa * Lewis, Kansas * Lewis Wharf, Boston, Massachusetts * Lewis, Missouri * Lewis, Essex County, New York * Lewis, Lewis County, New York * Lewis, North Carolina * Lewis, Vermont * Lewis, Wisconsin Ships * USS ''Lewis'' (1861), a sailing ship * USS ''Lewis'' (DE-535), a destroyer escort in commission from 1944 to 1946 Science * Lewis structure, a diagram of a molecule that shows the bonding between the atoms * Lewis acids and bases * Lewis antigen system, a human blood group system * Lewis number, a dimensionless n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Revised Statutes Of The United States
The Revised Statutes of the United States (in citations, Rev. Stat.) was the first official codification of the Acts of Congress. It was enacted into law in 1874. The purpose of the ''Revised Statutes'' was to make it easier to research federal law without needing to consult the individual Acts of Congress published in the United States Statutes at Large. After problems were quickly identified in the first edition, a second edition of the ''Revised Statutes'' was issued in 1878 that remedied some of those problems. However, for the next 50 years, subsequent Acts of Congress were not regularly incorporated into the ''Revised Statutes'', once again requiring researchers to use the Statutes at Large or unofficial codes. This eventually led to the creation of the United States Code in 1926, which is now regularly maintained and updated. Background For nearly nine decades after the United States Constitution was ratified, those needing to research federal law had no official codific ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Shipping Act Of 1884
Freight transport, also referred as ''Freight Forwarding'', is the physical process of transporting commodities and merchandise goods and cargo. The term shipping originally referred to transport by sea but in American English, it has been extended to refer to transport by land or air (International English: "carriage") as well. "Logistics", a term borrowed from the military environment, is also used in the same sense. Modes of shipment In 2015, 108 trillion tonne-kilometers were transported worldwide (anticipated to grow by 3.4% per year until 2050 (128 Trillion in 2020)): 70% by sea, 18% by road, 9% by rail, 2% by inland waterways and less than 0.25% by air. Grounds Land or "ground" shipping can be made by train or by truck (British English: lorry). In air and sea shipments, ground transport is required to take the cargo from its place of origin to the airport or seaport and then to its destination because it is not always possible to establish a production facility n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Title 46 Of The United States Code
A title is one or more words used before or after a person's name, in certain contexts. It may signify either generation, an official position, or a professional or academic qualification. In some languages, titles may be inserted between the first and last name (for example, ''Graf'' in German, Cardinal in Catholic usage ( Richard Cardinal Cushing) or clerical titles such as Archbishop). Some titles are hereditary. Types Titles include: * Honorific titles or styles of address, a phrase used to convey respect to the recipient of a communication, or to recognize an attribute such as: ** Imperial, royal and noble ranks ** Academic degree ** Social titles, prevalent among certain sections of society due to historic or other reasons. ** Other accomplishment, as with a title of honor * Title of authority, an identifier that specifies the office or position held by an official Titles in English-speaking areas Common titles * Mr. – Adult man (regardless of marital statu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Harter Act
Affreightment (from freight) is a legal term relating to shipping. A ''contract of affreightment'' is a contract between a ''ship-owner'' and a charterer, in which the ship-owner agrees to carry goods for the charterer in the ship, ''or'' to give the charterer the use of the whole or part of the ship's cargo-carrying space for the carriage of goods on a specified voyage or voyages or for a specified time. The charterer agrees to pay a specified price, called ''freight'', for the carriage of the goods or the use of the ship. A ship may be let, like a house, to a person who takes possession and control of it for a specified term. The person who hires a ship in this way occupies during the specified time the position of ship-owner. The contract under which a ship is so let may be called a charterparty—but it is not, properly speaking, a contract of affreightment, and is mentioned here only to clarify the distinction between a charter-party of this kind, which is sometimes called ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States District Court For The Southern District Of New York
The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a United States district court, federal trial court whose geographic jurisdiction encompasses eight counties of New York (state), New York State. Two of these are in New York City: Manhattan, New York (Manhattan) and The Bronx, Bronx; six are in Downstate: Westchester County, New York, Westchester, Putnam County, New York, Putnam, Rockland County, New York, Rockland, Orange County, New York, Orange, Dutchess County, New York, Dutchess, and Sullivan County, New York, Sullivan. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the United States Court of Appeals for the Federal Circuit, Federal Circuit). Because it covers Manhattan, the Southern District of New York has long been one of the most active an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sinking Of The RMS Titanic
The sank in the early morning hours of 15 April 1912 in the North Atlantic Ocean, four days into her maiden voyage from Southampton to New York City. The largest ocean liner in service at the time, ''Titanic'' had an estimated 2,224 people on board when she struck an iceberg at around 23:40 (ship's time) on Sunday, 14 April 1912. Her sinking two hours and forty minutes later at 02:20 (ship's time; 05:18 GMT) on Monday, 15 April, resulted in the deaths of more than 1,500 people, making it one of the deadliest peacetime maritime disasters in history. ''Titanic'' received six warnings of sea ice on 14 April but was travelling about 22 knots when her lookouts sighted the iceberg. Unable to turn quickly enough, the ship suffered a glancing blow that buckled her starboard side and opened six of her sixteen compartments to the sea. ''Titanic'' had been designed to stay afloat with four of her forward compartments flooded but no more, and the crew soon realised that the ship w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Deepwater Horizon Oil Spill
The ''Deepwater Horizon'' oil spill (also referred to as the "BP oil spill") was an industrial disaster that began on 20 April 2010 off of the coast of the United States in the Gulf of Mexico on the BP-operated Macondo Prospect, considered to be the largest marine oil spill in the history of the petroleum industry and estimated to be 8 to 31 percent larger in volume than the previous largest, the Ixtoc I oil spill, also in the Gulf of Mexico. The United States federal government estimated the total discharge at . After several failed efforts to contain the flow, the well was declared sealed on 19 September 2010. Reports in early 2012 indicated that the well site was still leaking. The ''Deepwater Horizon'' oil spill is regarded as one of the largest environmental disasters in world history. A massive response ensued to protect beaches, wetlands and estuaries from the spreading oil utilizing skimmer ships, floating booms, controlled burns and of oil dispersant. Due to t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sinking Of MV Conception
The sinking of MV ''Conception'' occurred on September 2, 2019, when the dive boat caught fire and eventually sank off the coast of Santa Cruz Island, California, United States. The boat was anchored overnight at Platts Harbor, a small undeveloped bay on the island's north shore, with 33 passengers and 1 crew member asleep below decks when a fire broke out shortly after 3 a.m. Five crew members, whose sleeping quarters were on the top deck, survived while everyone else on board died. The crew members were forced by the fire to jump overboard but not before placing an initial mayday call to the Coast Guard and attempting to alert the passengers. The crew retrieved the ''Conception''s skiff and motored to a nearby boat where a second radio dispatch was made. The rescue and recovery operations were coordinated by the United States Coast Guard. It is the worst maritime disaster in California since the sinking of the ''Brother Jonathan'' in 1865, and the deadliest in the United ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Wall Street Journal
''The Wall Street Journal'' is an American business-focused, international daily newspaper based in New York City, with international editions also available in Chinese and Japanese. The ''Journal'', along with its Asian editions, is published six days a week by Dow Jones & Company, a division of News Corp. The newspaper is published in the broadsheet format and online. The ''Journal'' has been printed continuously since its inception on July 8, 1889, by Charles Dow, Edward Jones, and Charles Bergstresser. The ''Journal'' is regarded as a newspaper of record, particularly in terms of business and financial news. The newspaper has won 38 Pulitzer Prizes, the most recent in 2019. ''The Wall Street Journal'' is one of the largest newspapers in the United States by circulation, with a circulation of about 2.834million copies (including nearly 1,829,000 digital sales) compared with ''USA Today''s 1.7million. The ''Journal'' publishes the luxury news and lifestyle magazine ' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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