what is the difference between an admiralty lawyer and a proctor in admiralty

by Ottis Lueilwitz 9 min read

What is admiralty law and admiralty courts?

Dec 31, 2019 · Proctor in Admiralty. The term "Proctor in Admiralty" applies to lawyers entitled to represent clients in maritime litigation. Originally derived from the Roman word "Procurator," when the Roman word was translated into English, the term "Proctor" was used by the Admiralty Courts set up in England in the 13th century. Those courts had ...

What are the requirements for Admiralty or maritime law?

Apr 17, 2022 · Definition of maritime law : law relating to commerce and navigation involving goods, passengers, and boats on high seas and other navigable waters, administered by the admiralty court. Under Article III, the U.S. Constitution is ratified. According to the United States Constitution, the Supreme Court has jurisdiction over maritime legal disputes.

Are Admiralty and property damage the same thing?

Admiralty vs. Maritime Law. The terms admiralty law and admiralty courts originated in England. These courts handled only specific disputes and claims arising from contracts and torts of the high seas. These claims involved subjects like lost or spoiled cargo, usually between a business owner who contracted for a shipment and a shipowner who ...

Admiralty vs. Maritime Law

The terms admiralty law and admiralty courts originated in England. These courts handled only specific disputes and claims arising from contracts and torts of the high seas. These claims involved subjects like lost or spoiled cargo, usually between a business owner who contracted for a shipment and a shipowner who failed to deliver those goods.

Admiralty and Maritime Jurisdictions

In the U.S., federal courts were chosen to have admiralty or maritime jurisdiction. Maritime cases can have national importance and affect trade with other countries, so deciding these at the federal level and under the ancient codes of the law of the sea was deemed most appropriate.

Does Your Case Fall Under Maritime or Admiralty Jurisdiction?

Personal injuries and wrongful death that occur on a vessel typically fall under maritime law. Traditional remedies like personal injury lawsuits and workers’ compensation may not be available to these individuals.

What is a proctor in the Navy?

The designation "Proctor in Admiralty" is of ancient origin and applied to lawyers entitled to handle maritime litigation. The word "Proctor" was derived from the Roman word "Procurator", which was translated into English as "Proctor" when the Admiralty Courts were set up in England in the 13th century with jurisdiction over disputes within the Royal Navy as well as purely commercial maritime matters. The designation was continued in the American colonies and, until recently, in our federal court system. Though no longer in official usage, "Proctor" was deemed appropriate for use in our Association to designate the most distinguished class of membership for practicing maritime attorneys.

Where did the word "proctor" come from?

The word "Proctor" was derived from the Roman word "Procurator", which was translated into English as "Proctor" when the Admiralty Courts were set up in England in the 13th century with jurisdiction over disputes within the Royal Navy as well as purely commercial maritime matters.

What is the admiralty court?

The term admiralty originally referred to a judicial court in American and English colonies. This type of court ruled over contracts and torts of the sea and were eventually expanded to include any losses and injuries on all navigable waters and not just the sea.

What is maritime law?

Maritime and admiralty laws are typically a combination of international and United States laws that rule over contracts, torts, injuries, and offenses that take place on navigable water.

What are the statutes of limitations for maritime law?

Statute of Limitations for Maritime and Admiralty Law 1 Death on the High Sea Act: Family members or another party who is acting on behalf of the deceased may file a wrongful death claim within three years, but claims filed under Florida state laws may be subject to a much shorter statute of limitations. 2 Longshore Harbor and Workers’ Compensation Act: A plaintiff who wishes to file a suit under this act must do so within one year of the accident or incident to be eligible for compensation. Alternatively, a longshoreman may also bring a case within one year of having his LHWCA benefits terminated. 3 Jones Act: Any personal injury claims or legal actions filed under this act must be done so within three years of the date of the accident, or within three years of the date the victim knew about his or her injuries. 4 Cruise Line Passenger Claims: Typically, cruise lines will put language into their contracts that deprive passengers of their rights under admiralty and maritime law. One of the things they often waive is the normal three-year statute of limitations and instead use a one-year statute of limitations.

How long does it take to file a wrongful death claim in Florida?

Death on the High Sea Act: Family members or another party who is acting on behalf of the deceased may file a wrongful death claim within three years, but claims filed under Florida state laws may be subject to a much shorter statute of limitations.

Is there a difference between maritime law and admiralty law?

Today, there is no difference between admiralty law and maritime law and the two are used interchangeably. These laws cover a variety of cases including contracts, torts, injuries, and other offenses that take place on any navigable water.