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United States admiralty law : ウィキペディア英語版
United States admiralty law

Admiralty law in the United States is a matter of federal law.
==Jurisdiction==
Section 2 of Article III of the United States Constitution gives original jurisdiction in admiralty matters to the federal courts. The federal courts have exclusive jurisdiction over most admiralty and maritime claims pursuant to . Under this statute, federal district courts are granted original jurisdiction over admiralty actions "saving to suitors," a right to file suit for most of these actions in state court or in federal court without the special procedures for maritime claims where there is some other basis for jurisdiction such as diversity of citizenship.
Despite the savings to suitors clause, certain actions are only permitted to be filed in admiralty in federal court. Those include all ''in rem'' maritime actions. This includes suits seeking forfeiture of ships to enforce maritime mortgages and liens, petitions to limit a shipowner's liability to the value of a ship after a major accident, and actions seeking to partition ownership of a ship. However, the vast majority of maritime actions, such as suits for damage to cargo, injuries to seamen, collisions between vessels, wake damage, and maritime pollution cases may be brought in either federal court or state court by virtue of the savings to suitors clause.
In federal courts in the United States, there is generally no right to a jury trial in admiralty cases. However, Congress has created some limited rights of jury trial in seamen's personal injury actions brought under the Merchant Marine Act of 1920 (the Jones Act) where a jury trial is otherwise permitted. In state courts, the right to trial by jury is determined by the law of the state where the case is brought. Consequently, admiralty cases brought in state courts can be tried before a jury.
==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'', directs that federal courts hearing state actions must apply state law. The "reverse-''Erie'' doctrine" directs that state courts hearing admiralty cases must apply federal admiralty law. This distinction is critical in some cases.
For instance, U.S. maritime law recognizes the concept of joint and several liability among tortfeasors, while many states do not. Under joint and several liability, where two or more people create a single injury or loss, all are equally liable, even if they only contributed a small amount. A state court hearing an admiralty case would be required to apply the doctrine of joint and several liability even if state law does not contemplate the concept.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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