Court's holding was hesitation to expand admiralty jurisdiction
However, under the present statutory framework, the admiralty jurisdiction
of Indian courts flow from laws enacted in the British era.
Although people applying for insurance believe they are only obligated to answer questions posed to them on an application, if they are applying for a marine insurance policy subject to the Admiralty jurisdiction
of a federal court, the potential insured is obligated to advise the insurer of material facts even if not asked.
Once the Court determined its subject matter jurisdiction, it turns to analyze if admiralty jurisdiction
extend to suits to enforce foreign judgments on maritime claims, even if those judgments were not rendered by specialized admiralty courts, and states:
As a seaman, one is entitled to rights he would otherwise not be eligible for outside of admiralty jurisdiction
such as maintenance and cure, unseaworthiness, and other remedies under the Jones Act.
In addition to the navigability for title test, slightly different navigability tests govern the scope of: (1) federal authority under the Commerce Clause, (34) (2) the federal navigational servitude, (35) and (3) admiralty jurisdiction
under Article III of the U.
For application of the Eleventh Amendment to admiralty jurisdiction
, see generally, David J.
The word "all" thus appears as a lead-in to the first three heads of jurisdiction of the first paragraph dealing generally with subject matter jurisdiction in the federal courts--federal question, ambassador, and admiralty jurisdiction
Harmon, a case which was interpreted for several decades to hold that the Limitation Act formed an independent basis for admiralty jurisdiction
This reform was preceded by a substantial research programme, culminating in the Australian Law Reform Commission's magisterial Report 33 on civil admiralty jurisdiction
, (2) which led to the enactment of the Admiralty Act 1988 (Cth).
The cases are presented along with textual commentary in chapters devoted to admiralty jurisdiction
, conceptual structure, and practice; personal injury, death, and tortuous harm to property; carriage of goods; collision; towage and pilotage; general average; salvage; maritime liens and ship mortgages; limitation of liability; marine insurance; sovereign immunity; and forum shopping.
90) Neither the need for consistency nor the Constitution's grant of admiralty jurisdiction
, however, justifies an open-ended invitation for judicial lawmaking without sufficient basis in legal doctrine.
At various times piracy was under admiralty jurisdiction
(92) and common law jurisdiction; at other points, piracy cases were heard only in specially convened commissions.
English tradition confining admiralty jurisdiction
to tidewaters in
over these sorts of claims may preempt competing legal rules that would otherwise apply on land and may limit the compensation that can be sought by victims in some circumstances.