HISTORY:

Maritime law  derived from ancient customs of the Greeks, Egyptians and Romans who carried commerce primarily on the Mediterranean Sea.  Early maritime, or admiralty law, came from maritime code and special tribunals that were set up to judge seafaring disputes.  As commerce spread beyond the Mediterranean, so did the influence of early codes.  English as well as other European maritime courts were operating well before the 14th century.  In the 1600's vice-admiralty courts were created in the new world colonies by England.  After the United States gained independence, the Judiciary Act of 1789 gave the federal district courts exclusive jurisdiction in maritime claims.  A "saving" clause did permit state courts to hear certain maritime claims. 



WHAT IS MARITIME (ADMIRALTY ) LAW:

Maritime law applies to cases involving injuries, loss of cargo, transportation of passengers and cargoes, ship owners, crew, pollution, the marine insurer, the recreational boater, and many other issues that occur on or near bodies of water.  The term "Maritime law" is sometimes used generically to land locked bodies of water, however, state law is applied in those cases.  The term "Maritime law" generally is applied to incidents that occur on or near navigable waterways that can lead to the sea or on the sea itself (this is where federal law comes into play due to the possibility of interstate commerce).  







JURISDICTION:

Maritime or admiralty jurisdiction requires the incident to take place on or near a certain type of water depending on the statute applied.  In general, maritime jurisdiction covers salt or fresh water which can be navigated to carry commerce outside of a state boundary.  The body of water can be completely within one state as long as the commerce can be carried via the vessel into another state.  Thus, a land locked small lake would not fall under maritime jurisdiction of the federal court.  A canal would fall under maritime jurisdiction if it connected to another body of water that lead out of the state.  



WHAT IS CONSIDERED A VESSEL?

A vessel is generally defined by federal statutes as a watercraft capable of being used as a means of transportation over water.  Typically a court will determine whether the object can move across the water or is designed to stay permanently fixed in a given location.  Therefore, sometimes jurisdictional problems arise regarding platforms, floating docks, and piers.  Ultimately, the court will consider all factors when making the final decision.