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Admiralty courts, also known as maritime courts, are courts exercising jurisdiction over all maritime contracts, torts, injuries and offences. In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties

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Admiralty Courts in Wales and England

Today Admiralty jurisdiction is exercised by the High Court of England and Wales. For the Cameroonian court by this name see High Court of Justice (Cameroon, for the Israeli court of this name see Supreme Court of Israel. England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland The admiralty laws which are applied in this court is based upon the civil law-based Law of the Sea, as well as statutory and common law additions. Admiralty law (also referred to as maritime law) is a distinct body of Law which governs maritime questions and offenses Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world.

Historically, there were a number of admiralty courts. From about 1360 the sea coast of England and Wales was divided into 19 districts, and for each there was a Vice Admiral of the Coast, representing the Lord High Admiral. England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland From 1360 to 1875 a Judge served as the "Lieutenant, Official Principal and Commissary General and Special of the High Court of Admiralty, and President and Judge of the High Court of Admiralty". In 1887 the High Court of Admiralty was absorbed into the new Probate Divorce and Admiralty Division of the High Court. No judges are now appointed for the local courts, and the judicial functions of the Lord High Admiral have been passed to the Queen's Bench Division of the High Court, where they continue to be exercised by the Admiralty Judge and other Commercial Court judges authorised to sit in Admiralty cases. For the Cameroonian court by this name see High Court of Justice (Cameroon, for the Israeli court of this name see Supreme Court of Israel.

The sole survivor of the ancient local Courts of Admiralty is the Court of Admiralty for the Cinque Ports, which is presided over by the Judge Official and Commissary of the Court of Admiralty of the Cinque Ports. Cinque Ports is also the name of a 1703 Galleon (ship The Confederation of Cinque Ports (sɪŋk pɔrts is a historic series of coastal A commissary is someone Delegated by a Superior to execute a duty or an office in a formal legal context one who has received power from a legitimate superior authority This office is normally held by a High Court Judge who holds the appointment of Admiralty Judge. A High Court judge is a judge of the High Court of Justice, and represents the third highest level of judge in the Courts of England and Wales. The jurisdiction of the Court of Admiralty of the Cinque Ports extends from Shore Beacon, Essex, to Redcliffe, near Seaford, Sussex. Essex is a county in the East of England. The County town is Chelmsford, and the highest point of the county is Chrishall Common Sussex is a historic county in South East England corresponding roughly in area to the ancient Kingdom of Sussex. It covers all the sea from Seaford to a point five miles off Cape Grisnez on the coast of France, and the coast of Essex (and Birchington, near Margate, Kent). Cape_Gris_Nez_FranceJPG|thumb|300px|Cape Gris Nez]] Cap Gris Nez ("Grey Nose Cape" in English is a cape on the Côte d'Opale in the Pas-de-Calais This article is about the country For a topic outline on this subject see List of basic France topics. Essex is a county in the East of England. The County town is Chelmsford, and the highest point of the county is Chrishall Common Birchington-on-Sea is a village in northeast Kent, England, with a population of around 9800 Margate is a Seaside resort town within the Thanet district of East Kent, England. KENT (1400 AM) is a Radio station broadcasting a Adult Standards/MOR format The Court now sits only rarely, and the last full sitting was in 1914. Accordingly to general civilian practice, the registrar can act as deputy to the judge, and the only active role of the judge now is to take part in the installation of a new Lord Warden of the Cinque Ports. A civilian under International humanitarian law is a person who is not a member of his or her Country 's Armed forces. The Lord Warden of the Cinque Ports is a ceremonial official in the United Kingdom. Appeal from the court's decisions lies to the Judicial Committee of the Privy Council. The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom, established by the Judicial Committee Act 1833

Judge Official and Commissary of the Court of Admiralty of the Cinque Ports

The jurisdiction of the High Court with respect to admiralty concern salvage and other legal issues which are unique to the sea. The Most Excellent Order of the British Empire is a British Order of chivalry established on 4 June 1917 by King George V. The Right Honourable (abbreviated as The Rt Hon) is an Honorific prefix that is traditionally applied to certain Sir Frederick Pollock 3rd Baronet PC ( December 10 1845 - January 18 1937) was an English jurist best known for his History of A baronet (traditional abbreviation Bart, modern abbreviation Bt) or the rare female equivalent a baronetess (abbreviation Btss) is the holder A barrister is a Lawyer found in many Common law Jurisdictions that employ a split profession (as opposed to a Fused profession) in relation The Honourable Society of Lincoln's Inn is one of four Inns of Court in London to which Barristers of England and Wales belong and where The British Academy is the United Kingdom 's National academy for the Humanities and the Social sciences It was established by Royal Charter Her Majesty's Most Honourable Privy Council is a body of advisors to the British Sovereign. The Right Honourable (abbreviated as The Rt Hon) is an Honorific prefix that is traditionally applied to certain The Rt Hon Sir Robert Joseph Phillimore 1st Baronet ( November 5, 1810 &ndash February 4, 1885) English judge third son of a well-known A baronet (traditional abbreviation Bart, modern abbreviation Bt) or the rare female equivalent a baronetess (abbreviation Btss) is the holder Some universities such as the University of Oxford, award Doctor of Civil Law (DCL degrees instead of Doctor of Laws (LL The University of Oxford (informally "Oxford University" or simply "Oxford" located in the city of Oxford, Oxfordshire, England is the An advocate is one who speaks on behalf of another person especially in a legal context Doctors' Commons, also called the College of Civilians, was a society of lawyers practising civil law in London. A barrister is a Lawyer found in many Common law Jurisdictions that employ a split profession (as opposed to a Fused profession) in relation The Honourable Society of the Middle Temple is one of the four Inns of Court exclusively entitled to call their members to the English Bar as Barristers Sir is an Honorific used as a title (see Knight) and in several other modern contexts

Admiralty Court of Scotland

The Admiralty Court of Scotland, in Edinburgh, was abolished in 1830 (see Lord High Admiral of Scotland). Scotland ( Gaelic: Alba) is a Country in northwest Europethat occupies the northern third of the island of Great Britain. Edinburgh ( ˈɛdɪnb(ərə Dùn Èideann) is the Capital of Scotland and is its second largest city after Glasgow. The Lord High Admiral of Scotland was one of the Great Offices of State of Scotland before the Union with England in 1707

Role in the American Revolution

During the period after the French and Indian War, Admiralty Courts became an issue that was a part of the rising tension between the British Parliament and their American Colonies. In this article the inhabitants of the thirteen colonies that supported the American Revolution are primarily referred to as "Americans" with occasional references to "Patriots" The French and Indian War (1754&ndash1763 was the North American chapter of the Seven Years' War. The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom and British overseas territories Starting with the Proclamation of 1763, these courts were given jurisdiction over a number of laws affecting the colonies. The Proclamation of 1763 was issued October 7, 1763 by King George III following Great Britain 's acquisition of French territory The jurisdiction was expanded in later acts of the Parliament, such as the Stamp Act of 1765. The Stamp Act of 1765 (short title Duties in American Colonies Act 1765; 5 George III c

The colonists' objections were based on several factors. The courts could try a case anywhere in the British Empire. Cases involving New York or Boston merchants were frequently heard in Nova Scotia and sometimes even in England. The fact that judges were paid based in part on the fines that they levied and naval officers were paid for bringing 'successful' cases led to abuses. There was no trial by jury, and evidence standards were weaker than in criminal courts. The government's objective was to improve the effectiveness of revenue and excise tax laws. In many past instances, smugglers would avoid taxes. Even when they were caught and brought to trial, local juries frequently acquitted the popular local merchants whom they perceived as being unfairly accused by an unpopular tax collector.

Maritime jurisdiction in the United States

In the United States, the federal district courts have jurisdiction over all admiralty and maritime actions; see 28 U.S.C. § 1333. The United States of America —commonly referred to as the The United States district courts are the general Trial courts of the United States federal court system. Title 28 ( Judiciary and Judicial Procedure) is the portion of the United States Code (federal statutory law that governs the federal judicial system

In recent years, some tax protesters in the United States have claimed that any American court displaying an American Flag with a gold fringe is in fact an Admiralty Court and thus has no jurisdiction. The The United States of America —commonly referred to as the Flags of the United States The Flag of the United States of America consists of 13 equal horizontal stripes of Red (top and bottom alternating Flags of the United States The Flag of the United States of America consists of 13 equal horizontal stripes of Red (top and bottom alternating Courts have dismissed this as frivolous. [1] In one case, the judge confronted with this argument said to the defendant raising it, "that's okay, I'll pretend you're a boat".

References

  1. ^ United States v. Mackovich, 209 F. 3d 1227, 1233-1235, fn. 2 (9th Cir. 2000).

External links

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