New Hampshire Maritime Law Forms

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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 Hampshire, there are several types of affidavits that can be used in legal proceedings. One common type is an affidavit of identity, which is used to confirm a person's identity. This affidavit usually requires the person to provide their full name, date of birth, and any other relevant identifying information. Another type is an affidavit of residence, which is used to prove where a person lives. This affidavit often requires the person to provide their address and may require additional documentation, such as a utility bill or lease agreement. Lastly, there is an affidavit of support, which is used to demonstrate financial support for another person. This affidavit usually requires the person providing support to provide information about their income and financial resources. These affidavits can be important in legal matters, as they provide sworn statements that can be used as evidence in court.


What is an Affidavit?

An affidavit is a written statement that a person swears under oath. It is a legal document used to present facts or give evidence in court. In the state of New Hampshire, an affidavit must be signed in front of a notary public or other authorized official, who will verify the identity of the person making the statement. Affidavits are commonly used in various legal proceedings, such as civil cases, family law matters, or when submitting evidence to support a claim. They help ensure that the information presented is truthful and provides a reliable account of the facts.


Difference Between an Affidavit and Sworn Statement

An affidavit and a sworn statement are similar legal documents used to present facts or declarations, but they also have some differences. In New Hampshire, an affidavit is a written statement made under oath in front of a notary public or other authorized personnel, where the affine (person making the statement) declares the truthfulness of the information provided. On the other hand, a sworn statement in New Hampshire is also a written statement, but it can be made under oath or affirmation, without the need for a notary public. The main distinction is that an affidavit often needs a notary's official stamp to validate it, whereas a sworn statement does not necessarily require this extra step. Both documents can be used as evidence in court, but it's important to understand the specific requirements and guidelines set by the state of New Hampshire.


When is an Affidavit Used?

An affidavit is a legal document used to make a sworn statement or declaration under oath. It is typically used in various situations, such as in court proceedings or when providing evidence or facts in a legal matter. In the state of New Hampshire, an affidavit can be utilized in many circumstances, such as when applying for a marriage license, submitting documentation for a name change, or affirming the truth of certain statements or information. It is an important tool that helps ensure accuracy, honesty, and transparency in legal proceedings and official processes in New Hampshire.


How To Write an Affidavit

To write an affidavit in New Hampshire, you can follow these simple steps. First, start by writing the heading, which includes the court's name, the case number, and your personal information like your name and address. Then, clearly state the purpose of the affidavit in a simple language. Next, provide all the relevant information and include any supporting documents or evidence to back up your statements. Make sure to write in a clear and concise manner, using plain words that everyone can understand. Lastly, sign the affidavit in the presence of a notary public and have it notarized to make it official.