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Seaman's Manslaughter Statute
The Seaman's Manslaughter Statute, codified at , criminalizes misconduct or negligence that result in deaths involving vessels (ships and boats) on waters in the jurisdiction of the United States. The statute exposes three groups to criminal liability: * ship's officers, such as captains, engineers, and pilots; * those having responsibility for the vessel's condition, such as owners, charterers, and inspectors; and * corporate management. Unlike common law manslaughter, which requires a ''mens rea'' or mental state of gross negligence or heat of passion in absence of malice, this statute requires only simple negligence — a breach of duty to perform an act or omission in violation of a standard of care. The accident need not occur on a boat, and the threshold of criminal liability is lower than in standard manslaughter cases due to the reduced ''mens rea'' requirement. History Laws of this form date from steamboat accidents in the early 1800s. The first such legislation pa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washington, D.C. Senators and representatives are chosen through direct election, though vacancies in the Senate may be filled by a governor's appointment. Congress has 535 voting members: 100 senators and 435 representatives. The U.S. vice president has a vote in the Senate only when senators are evenly divided. The House of Representatives has six non-voting members. The sitting of a Congress is for a two-year term, at present, beginning every other January. Elections are held every even-numbered year on Election Day. The members of the House of Representatives are elected for the two-year term of a Congress. The Reapportionment Act of 1929 establishes that there be 435 representatives and the Uniform Congressional Redistricting Act requires ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Staten Island Ferry
The Staten Island Ferry is a passenger ferry route operated by the New York City Department of Transportation. The ferry's single route runs through New York Harbor between the New York City boroughs of Manhattan and Staten Island, with ferry boats making the trip in about 25 minutes. The ferry operates 24 hours a day, 7 days a week, with boats leaving every 15 to 20 minutes during peak hours and every 30 minutes at other times. It is the only direct mass-transit connection between the two boroughs. Historically, the Staten Island Ferry has charged a relatively low fare compared to other modes of transit in the area; and since 1997, the route has been fare-free. The Staten Island Ferry is one of several ferry systems in the New York City area and is operated separately from systems such as NYC Ferry and NY Waterway. The Staten Island Ferry route terminates at Whitehall Terminal, on Whitehall Street in Lower Manhattan, and at St. George Terminal, in St. George, Staten Island. At ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Admiralty Law
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 ''Erie Railroad Co. v. Tompkins'', 304 U.S. 64 (1 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Admiralty Law
Admiralty law or maritime law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between private parties operating or using ocean-going ships. While each legal jurisdiction usually has its own legislation governing maritime matters, the international nature of the topic and the need for uniformity has, since 1900, led to considerable international maritime law developments, including numerous multilateral treaties. Admiralty law may be distinguished from the law of the sea, which is a body of public international law dealing with navigational rights, mineral rights, jurisdiction over coastal waters, and the maritime relationships between nations. The United Nations Convention on the Law of the Sea has been adopted by 167 countries and the European Union, and disputes are resolved at the ITLOS tribunal in Hamburg. History Seabor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Involuntary Manslaughter
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th century BC. The definition of manslaughter differs among legal jurisdictions. Types Voluntary In voluntary manslaughter, the offender had intent to kill or seriously harm, but acted "in the moment" under circumstances that could cause a reasonable person to become emotionally or mentally disturbed. There are mitigating circumstances that reduce culpability, such as when the defendant kills only with an intent to cause serious bodily harm. Voluntary manslaughter in some jurisdictions is a lesser included offense of murder. The traditional mitigating factor was provocation; however, others have been added in various jurisdictions. The most common type of voluntary manslaughter occurs when a defendant is provoked to commit homicide. This ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Los Angeles Times
The ''Los Angeles Times'' (abbreviated as ''LA Times'') is a daily newspaper that started publishing in Los Angeles in 1881. Based in the LA-adjacent suburb of El Segundo since 2018, it is the sixth-largest newspaper by circulation in the United States. The publication has won more than 40 Pulitzer Prizes. It is owned by Patrick Soon-Shiong and published by the Times Mirror Company. The newspaper’s coverage emphasizes California and especially Southern California stories. In the 19th century, the paper developed a reputation for civic boosterism and opposition to labor unions, the latter of which led to the bombing of its headquarters in 1910. The paper's profile grew substantially in the 1960s under publisher Otis Chandler, who adopted a more national focus. In recent decades the paper's readership has declined, and it has been beset by a series of ownership changes, staff reductions, and other controversies. In January 2018, the paper's staff voted to unionize and final ... [...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] |
Statutory Interpretation
Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and a straightforward meaning. But in many cases, there is some ambiguity in the words of the statute that must be resolved by the judge. To find the meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose. In common law jurisdictions, the judiciary may apply rules of statutory interpretation both to legislation enacted by the legislature and to delegated legislation such as administrative agency regulations. History Statutory interpretation first became significant in common law systems, of which historically English law#Common law, England is the exemplar. In Roman and civil law, a statute (or code) guides the magistrate, but there is no jud ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Deepwater Horizon Explosion
The ''Deepwater Horizon'' drilling rig explosion was an April 20, 2010 explosion and subsequent fire on the ''Deepwater Horizon'' Semi-submersible platform, semi-submersible mobile offshore drilling unit, which was owned and operated by Transocean and drilling for BP in the Macondo Prospect oil field about southeast off the Louisiana coast. The explosion and subsequent fire resulted in the sinking of the ''Deepwater Horizon'' and the deaths of 11 workers; 17 others were injured. The same Blowout (well drilling), blowout that caused the explosion also caused an oil well fire and a massive Deepwater Horizon oil spill, offshore oil spill in the Gulf of Mexico, considered the largest accidental marine oil spill in the world, and the largest environmental disaster in United States history. Background ''Deepwater Horizon'' ''Deepwater Horizon'' was a floating Semi-submersible#Mobile offshore drilling units (MODU), semi-submersible drilling unit — a fifth-generation, ultra-de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Fifth Circuit
The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is a federal court with appellate jurisdiction over the district courts in the following federal judicial districts: * Eastern District of Louisiana * Middle District of Louisiana * Western District of Louisiana * Northern District of Mississippi * Southern District of Mississippi * Eastern District of Texas * Northern District of Texas * Southern District of Texas * Western District of Texas The Fifth Circuit has 17 active judgeships, and is headquartered at the John Minor Wisdom United States Court of Appeals Building in New Orleans, Louisiana, with the clerk's office located at the F. Edward Hebert Federal Building in New Orleans. Originally, the Fifth Circuit also included the federal district courts in Alabama, Georgia, and Florida. In 1981, the district courts for those states were transferred to the newly created U.S. Court of Appeals for the Eleventh Circuit. History of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States District Court For The Eastern District Of New York
The United States District Court for the Eastern District of New York (in case citations, E.D.N.Y.) is the federal district court whose territorial jurisdiction spans five counties in New York State: the four Long Island counties of Nassau, Suffolk, Kings (Brooklyn), and Queens, as well as Richmond (Staten Island), the latter three being among New York City's five boroughs. The court also has concurrent jurisdiction with the Southern District of New York over the waters of New York (Manhattan) and Bronx Counties (including New York Harbor and the East River). Its courthouses are located in Brooklyn and Central Islip. Appeals from the Eastern 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 Federal Circuit). The United States Attorney's Office for the Eastern District of New York represents the United States in civil and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2003 Staten Island Ferry Crash
On October 15, 2003, at 3:21 p.m. EDT, the Staten Island Ferry vessel '' Andrew J. Barberi'' crashed full-speed into a concrete maintenance pier at the St. George Terminal in Upper New York Bay. Eleven people were killed and 70 injured, some critically. Pilot Richard J. Smith and New York City ferry director Patrick Ryan pleaded guilty and were jailed for seaman's manslaughter. Smith was piloting under impairment from painkillers, and Ryan failed to enforce the city rule requiring two pilots in the wheelhouse during docking. Accident The ferry was at the end of its , 25-minute trip from South Ferry, Manhattan to St. George, Staten Island. On board were approximately 1,500 passengers, one-quarter of the maximum capacity of 6,000. Winds were heavy that afternoon, with gusts of more than . The water in New York Harbor was described as "very choppy". Instead of docking, the ferry angled away from its berth and collided with a concrete maintenance pier. The pier ripped into t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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