Decateur Reed

Doctor of Jurisprudence
decateurreed@unitedstatesjurisprudence.com

Admiralty Law
Jim is an avid sailor and likes to take his 26 foot ketch on long sails along the pacific coast. He
has been dreaming of taking one of his girlfriends with him on a summer sail down to South America
where he believes he can secure some medicinal herbs from the rainforests. As summer approaches he
decides to ask Marie to go with him because shes loves to sail as much as he does, and, always looking to
maximize his benefit in any decision he makes, she looks great in a swim suit, too. Preparations are made
and the two leave port flying the United States flag from the aft pole. They dock on the coast of Tumaco,
Columbia and begin the trek into the rainforest. After gathering the plants they want, Jim and Marie
begin sailing back to the United States, but are stopped by the Colombian naval police. The rainforest
materials are confiscated and they are charged with illegal gathering and possession of endangered plant
materials. Jim and Marie desperately want to know more about admiralty law and have contacted Dr.
Reed for an overview.
Initially, admiralty or maritime law developed and functioned separately from courts of law and
equity. When Congress enacted the Judiciary Act of 1789, it gave exclusive jurisdiction to the federal
courts to hear all maritime issues. Article III, 2 of the U.S. Constitution also granted maritime
jurisdiction to the federal courts. In 1938, the Federal Rules of Civil Procedure placed law and equity
under the same jurisdiction for most courts, but it wasnt until 1966 that this applied to admiralty courts.
The Supplemental Admiralty Rules take precedence over the Federal Rules whenever the two are in
conflict and the common law is used as persuasive evidence only (its not binding on the court). The
courts that hear maritime issues hear only maritime issues and nothing else, so they are called courts of
limited jurisdiction.
Admiralty law applies to any navigable waters and addresses waterway issues of shipping,
navigation, commerce, seamen, towage, wharves, piers, docks, canals, recreation, and piracy. Today,
authority to hear maritime issues remain the exclusive jurisdiction of the federal courts with two
exceptions. First, state courts may have limited jurisdiction when the issue is overwhelmingly local and,
second, state courts may have concurrent jurisdiction so that non-maritime remedies remain available.
Though there is a lack of uniformity in maritime law worldwide, international law has made a
notable attempt at uniformity. Under international admiralty law, the flag a watercraft is flying will
determine the source of the law to be applied to the craft, cargo, crew, and passengers. The only
requirement is that there must be more than insubstantial contact between the watercraft and the flag
being flown in order for the law of the countrys flag to apply. This is known as legitimacy of color. U.S.
federal courts have the authority to refuse to hear a maritime issue if the court is required to apply the law
of a foreign country.
Jims sailboat was legitimately flying the U.S. flag and has legitimacy of color. As such, Jim and
Marie will likely be tried in a Colombian court, but under the admiralty laws of the U.S.

This article is intended as a general review of various legal issues. It should not be relied upon as a substitute for comprehensive
legal advice. The information contained in this article is strictly the opinion of the author.