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Maritime Laws FAQ

What is maritime law? 

Maritime law is the distinct body of law (both substantive and procedural) governing navigation and shipping. Topics associated with this field in legal reference works may include: shipping; navigation; waters; commerce; seamen; towage; wharves, piers, and docks; insurance; maritime liens; canals; and recreation. Piracy (ship hijacking) is also an aspect of maritime law.

What laws govern maritime law? 

The courts and Congress seek to create a uniform body of maritime law both nationally and internationally in order to facilitate commerce. The federal courts derive their exclusive jurisdiction over this field from the Judiciary Act of 1789 and from Article III, § 2 of the U.S. Constitution. Congress regulates admiralty partially through the Commerce Clause. American admiralty law formerly applied only to American tidal waters. It now extends to any waters navigable within the United States for interstate or foreign commerce. In such waters admiralty jurisdiction includes maritime matters not involving interstate commerce, including recreational boating. The Jones Act, passed by Congress in 1970, is legislation that specifically covers the legal rights of workers at sea. New rules and regulations are always being modified in admiralty law

Under admiralty, the ship's flag determines the source of law. For example, a ship flying the American flag in the Persian Gulf would be subject to American admiralty law; and a ship flying a French flag in American waters will be subject to French admiralty law. This also applies to criminal law governing the ship's crew. But the ship flying the flag must have substantive contacts with the nation of its flag in order for the law of the flag to apply. American courts may refuse jurisdiction where it would involve applying the law of another country, although in general international law does seek uniformity in maritime law.


Types of Affidavits

In New York, affidavits are legal documents used to present facts or statements made under oath or affirmation. There are different types of affidavits that serve various purposes. One type is a general affidavit, which can be used to declare facts, authenticate documents, or provide evidence. Another common type is an affidavit of support, often required for immigration purposes, where a person pledges financial responsibility for someone applying for a visa or green card. Additionally, there are affidavits of service, used to confirm the delivery of legal documents, and affidavits of warship, which establish the rightful beneficiaries of an estate when there is no will. These affidavits play an important role in legal proceedings, ensuring the accuracy and credibility of information presented.


What is an Affidavit?

An affidavit is a document where a person states facts and swears that they are true, usually used as evidence in legal matters. In New York, an affidavit can be used in various situations like when someone needs to prove their identity or verify certain information. It is commonly used in court proceedings, where a person can submit an affidavit to support their case or provide important details. It is important to understand that an affidavit should only contain true and accurate information, as it has legal implications.


Difference Between an Affidavit and Sworn Statement

In simple terms, an affidavit and a sworn statement both involve making a written statement about something under oath. However, in New York, there is a slight difference between these two legal documents. An affidavit is a written statement made voluntarily by a person who swears an oath to its truthfulness in front of a notary public or other authorized official. It is usually used as evidence in a court of law. On the other hand, a sworn statement is a similar document but may be given to any person authorized to administer oaths. While both are legally binding, affidavits generally hold more weight in court compared to sworn statements.


When is an Affidavit Used?

An affidavit is a legal document used to state facts or provide evidence in a case. It is typically used when someone needs to make a formal statement under oath and ensures that the information provided is true to the best of their knowledge. In New York, an affidavit may be required for various reasons like registering a business, submitting a voter registration application, applying for a change of name, or as part of legal proceedings. It acts as a written statement with legal implications that can be relied upon by courts, government agencies, or individuals involved in a legal matter.


How To Write an Affidavit

To write an affidavit in New York, you need to follow a few simple steps. First, start with a clear and concise title that identifies the document as an affidavit. Begin by stating your full name, address, and contact information at the top. Next, provide a brief introduction that describes your relationship to the case and your reason for writing the affidavit. Use straightforward language to explain the facts and details of the situation, ensuring to include specific dates, names, and events. Be honest and avoid using exaggerated or emotional language. Conclude the affidavit by signing and dating it in the presence of a notary public, who will certify your signature. Remember to keep a copy for your records and ensure that your affidavit is submitted to the appropriate parties or court as required.