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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 ...
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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 ...
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Lifeboat (shipboard)
A lifeboat or liferaft is a small, rigid or inflatable boat carried for emergency evacuation in the event of a disaster aboard a ship. Lifeboat drills are required by law on larger commercial ships. Rafts (liferafts) are also used. In the military, a lifeboat may double as a whaleboat, dinghy, or gig. The ship's tenders of cruise ships often double as lifeboats. Recreational sailors usually carry inflatable liferafts, though a few prefer small proactive lifeboats that are harder to sink and can be sailed to safety. Inflatable lifeboats may be equipped with auto-inflation (carbon dioxide or nitrogen) canisters or mechanical pumps. A quick release and pressure release mechanism is fitted on ships so that the canister or pump automatically inflates the lifeboat, and the lifeboat breaks free of the sinking vessel. Commercial aircraft are also required to carry auto-inflating liferafts in case of an emergency water landing; offshore oil platforms also have liferafts. Ship-launche ...
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Statute Of Limitations
A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. ("Time for commencing proceedings") In most jurisdictions, such periods exist for both criminal law and civil law such as contract law and property law, though often under different names and with varying details. When the time which is specified in a statute of limitations runs out, a claim might no longer be filed or, if it is filed, it may be subject to dismissal if the defense against that claim is raised that the claim is time-barred as having been filed after the statutory limitations period. When a statute of limitations expires in a criminal case, the courts no longer have jurisdiction. Most common crimes that have statutes of limitations are distinguished from particularly serious crimes because the latter claims may be brought at any time. In civil law systems, such ...
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Navigation
Navigation is a field of study that focuses on the process of monitoring and controlling the movement of a craft or vehicle from one place to another.Bowditch, 2003:799. The field of navigation includes four general categories: land navigation, marine navigation, aeronautic navigation, and space navigation. It is also the term of art used for the specialized knowledge used by navigators to perform navigation tasks. All navigational techniques involve locating the navigator's position compared to known locations or patterns. Navigation, in a broader sense, can refer to any skill or study that involves the determination of position and direction. In this sense, navigation includes orienteering and pedestrian navigation. History In the European medieval period, navigation was considered part of the set of '' seven mechanical arts'', none of which were used for long voyages across open ocean. Polynesian navigation is probably the earliest form of open-ocean navigation; it was ...
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Act Of God
In legal usage in the English-speaking world, an act of God is a natural hazard outside human control, such as an earthquake or tsunami, for which no person can be held responsible. An act of God may amount to an exception to liability in contracts (as under the Hague–Visby Rules) or it may be an "insured peril" in an insurance policy. In Scots law the equivalent term is ''damnum fatale''. By contrast, other extraordinary man-made or political events are deemed '' force majeure''. Contract law In the law of contracts, an act of God may be interpreted as an implied defense under the rule of impossibility or impracticability. If so, the promise is discharged because of unforeseen occurrences, which were unavoidable and would result in insurmountable delay, expense, or other material breach. Under the English common law, contractual obligations were deemed sacrosanct, so failure to honour a contract could lead to an order for specific performance or internment in a debtor' ...
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Hook To Hook
A hook is a tool consisting of a length of material, typically metal, that contains a portion that is curved or indented, such that it can be used to grab onto, connect, or otherwise attach itself onto another object. In a number of uses, one end of the hook is pointed, so that this end can pierce another material, which is then held by the curved or indented portion. Some kinds of hooks, particularly fish hooks, also have a barb, a backwards-pointed projection near the pointed end of the hook to ensure that once the hook is embedded in its target, it can not easily be removed. Variations * Bagging hook, a large sickle or reaping hook used for harvesting grain * Bondage hook, used in sexual bondage play * Cabin hook, a hooked bar that engages into an eye screw, used on doors * Cap hook, hat ornament of the 15th and 16th centuries * Cargo hook (helicopter), different types of hook systems for helicopters * Crochet hook, used for crocheting thread or yarn * Drapery hook, for ha ...
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Hague Rules
The Hague Rules of 1924 (formally the "International Convention for the Unification of Certain Rules of Law relating to Bills of Lading, and Protocol of Signature") is an international convention to impose minimum standards upon commercial carriers of goods by sea. Previously, only the common law provided protection to cargo-owners; but the Hague Rules should not be seen as a "consumers' charter" for shippers because the 1924 Convention actually favoured carriers and reduced their obligations to shippers. The Hague Rules represented the first attempt by the international community to find a workable and uniform way to address the problem of shipowners regularly excluding themselves from all liability for loss or damage to cargo. The objective of the Hague Rules was to establish a minimum mandatory liability of carriers.(6) Under the Hague Rules the shipper bears the cost of lost/damaged goods if they cannot prove that the vessel was unseaworthy, improperly manned or unable to saf ...
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Carriage Of Goods By Sea Act
The Carriage of Goods by Sea Act ("COGSA") is a United States statute governing the rights and responsibilities between shippers of cargo and ship-owners regarding ocean shipments to and from the United States. It is the U.S. enactment of the International Convention Regarding Bills of Lading, commonly known as the "Hague Rules". It was found in Title 46 Appendix of the United States Code, starting at Section 1301, but has been moved to a note in 46 United States Code 30701.Pub.L. 109-304, § 6(c), Oct. 6, 2006, 120 Stat. 1516 The United States Congress, concerned that the Hague Rules did not offer shippers enough protection against damage to cargo by shipowners, amended the Hague Rules in a number of minor, but important, ways. It increased the amount that shipowners would have to pay cargo owners for damage in transit from GBP 100 per package to US$500 per package or, for goods not shipped in packages, per customary freight unit. This "package limitation" has become one o ...
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CITGO Asphalt Refining Co
Citgo Petroleum Corporation (or Citgo, stylized as CITGO) is a United States–based refiner, transporter and marketer of transportation fuels, lubricants, petrochemicals and other industrial products. Headquartered in the Energy Corridor area of Houston, it is majority-owned by PDVSA, a state-owned company of the Venezuelan government (although due to U.S. sanctions in 2019, they no longer economically benefit from Citgo). History Cities Service period The company traces its heritage back to the early 1900s and oil entrepreneur Henry Latham Doherty. After quickly climbing the ladder of success in the manufactured gas and electric utility world, Doherty in 1910 created Cities Service Company to supply gas and electricity to small public utilities. He began by acquiring gas-producing properties in the mid-continent and southwest. The company then developed a pipeline system, tapping dozens of gas pools. To make this gas available to consumers, Doherty moved to acquire distr ...
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Chicago River
The Chicago River is a system of rivers and canals with a combined length of that runs through the city of Chicago, including its center (the Chicago Loop). Though not especially long, the river is notable because it is one of the reasons for Chicago's geographic importance: the related Chicago Portage is a link between the Great Lakes and the Mississippi River Basin, and ultimately the Gulf of Mexico. The river is also noteworthy for its natural and human-engineered history. In 1887, the Illinois General Assembly decided to reverse the flow of the Chicago River through civil engineering by taking water from Lake Michigan and discharging it into the Mississippi River watershed, partly in response to concerns created by an extreme weather event in 1885 that threatened the city's water supply. In 1889, the Illinois General Assembly created the Chicago Sanitary District (now the Metropolitan Water Reclamation District) to replace the Illinois and Michigan Canal with the Chica ...
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Great Lakes Dredge And Dock Company
Great Lakes Dredge and Dock Company is an American company providing construction services in dredging and land reclamation, currently the largest such provider in the United States. GLD&D operates primarily in the United States but conducts one-quarter of its business overseas. It is currently based in Oak Brook, Illinois, but in October 2020 the company announced the move of its corporate headquarters to Houston, Texas. History The company was founded in 1890 as the partnership of William A. Lydon & Fred C. Drews and was named Lydon & Drews dredging company. Early projects included the shoreline structures for the Chicago's Columbian Exposition. The company soon had satellite operations throughout the Great Lakes. It was renamed the Great Lakes Dredge and Dock Company (GLD&D) in 1905. Between 1900 and 1950, GLD&D undertook major projects such as the Sabin Lock, straightening of the Chicago River west of the Chicago Loop, the Michigan Avenue Bridge, foundation landfill ...
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