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General maritime law
General maritime lawA term used particularly in the United States to refer to the non-statutory sources of American admiralty law. The general maritime law of the United States is derived from the historic lex maritima common to all Western European nations, with its fundamentally civilian nature and origin. The general maritime law includes such concepts and institutions as the maritime attachment; the theory of abandonment (supra) in shipowners' limitation of liability; the legislative treatment of maritime liens as substantive rights, rather than as procedural remedies dependent upon jurisdiction; remedies for wrongful death; the ocean carrier's possessory lien (infra) for bill of lading freight (supra), charter hire (infra) and demurrage (supra); maintenance and cure rights of the sick or injured seaman; the role of equity in admiralty law; general average (supra); marine insurance and pre-judgment interest. RELATED TERMS-------------------------------------- Term 1) Construction. Word; expression speech. 2) Contracts. This word is used in the civil, law to denote the space of time granted to the debtor for discharging his obligation; there are express terms resulting from the positive stipulations of the agreement; as, where one undertakes to pay a certain sum on a certain day and also terms which tacitly result from the nature of the things which are the object of the engagement, or from the place where the act is agreed to be done. For instance, if a builder engage to construct a house for me, I must allow a reasonable time for fulfilling his engagement. 3) Estates. The limitation of an estate, as a term for years, for life, and the like. The word term does not merely signify the time specified in the lease, but the estate also and interest that passes by that lease; and therefore the term may expire during the continuance of the time, as by surrender, forfeiture and the like. 4) Practice. The space of time during which a court holds a session; sometimes the term is a monthly, at others it is a quarterly period, according to the constitution of the court. States By this name are understood in some countries, the assembly of the different orders of the people to regulate the affairs of the commonwealth, as, the states general. Law A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system. General 1) A principal officer, particularly in the army. 2) Something opposed to special; as, a general verdict, the general issue, which expressions are used in contradistinction to special verdict, special issue. 3) Principal, as the general post office. 4) Not select, as a general ship. 5) Not particular, as a general custom. 5) Not limited, as general jurisdiction. 7) This word is sometimes annexed or prefixed to other words to express or limit the extent of their signification; as Attorney General, Solicitor General, the General Assembly. Maritime That which belongs to or is connected with the sea. Common marriage law. a marriage in which no formal ceremony took place and no license exists. Nations Nations or states are independent bodies politic; societies of men united together for the purpose of promoting their mutual safety and advantage by the joint efforts of their combined strength. Civilian A doctor, professor, or student of the civil law. Attachment Crim. law, practice. A writ requiring a sheriff to apprehend a particular person, who has been guilty of. a contempt of court, and to bring the offender before the court. Abandonment 1) In maritime contracts in the civil law, principals are generally held indefinitely responsible for the obligations which their agents have contracted relative to the concern of their commission but with regard to ship owners there is remarkable peculiarity; they are bound by the contract of the master only to the amount of their interest in the ship, and can be discharged from their responsibility by abandoning the ship and freight. 2) Contracts. In the French law, the act by which a debtor surrenders his property for the benefit of his creditors. 3) Malicious. The act of a hushand or wife, who leaves his or her consort wilfully, and with an intention of causing perpetual separation. Limitation Estates. When an estate is so expressly confined and limited by the words of its creation, that it cannot endure for a longer time than till the contingency shall happen, upon which the estate is to fail, this is denom-inated a limitation; as, when land is granted to a man while he continues unmarried, or until the rents and profits shall have made a certain sum, and the like; in these cases the estate is limited, that is, it does not go beyond the happening of the contingency. Liability A person or organization's extent of responsibility for a loss. An item of value that is part of the overall debt or obligation of a person or business. Dependent One who derives existence and support from another. Jurisdiction Practice. A power constitutionally conferred upon a judge or magistrate, to take cognizance of, and decide causes according to law, and to carry his sentence into execution. The tract of land or district within which a judge or magistrate has jurisdiction, is called his territory, and his power in relation to his territory is called his territorial jurisdiction. Death Cessation of life; extinction of political existence. Lien Contracts. In its most extensive signification, this term includes every case in which real or personal property is charged with the payment of any debt or duty; every such charge being denominated a lien on the property. In a more limited sense it is defined to be a right of detaining the property of another until some claim be satisfied. Bill 1) Legislation. An instrument drawn or presented by a member or committee to a legislative body for its approbation and enactment. After it has gone through both houses and received the constitutional sanction of the chief magistrate, where such approbation is requisite, it becomes a law. 2) Merchant law. An account containing the items of goods sold, or of work done by one person against another. 3) Contracts. A bill or obligation, is a deed whereby the obligor acknowledges himself to owe unto the obligee a certain sum of money or some other thing, in which, besides the names of the parties, are to be considered the sum or thing due, the time, place, and manner of payment or delivery thereof. It may be indented, or poll, and with or without a penalty. Freight Maritim law, contracts. The sum agreed on for the hire of a ship, entirely or in part, for the carriage of goods from one port to another; note; but in, its more extensive sense it is applied to all rewards or compensation paid for the use of ships. Charter 1) A grant made by the sovereign either to the whole people or to a portion of them, securing to them the enjoyment of certain rights. 2) Mar. contr. An agreement by which a vessel is hired by the owner to another. Hire "Contracts. A bailment, where a compensation is to be given for the use of a thing, or for labor or services about it. The contract of letting and hiring is usually divided into two kinds; first, Locatio, or Locatio conductio rei, the bailment of a thing to be used by the hirer, for a compensation to be paid by him. Secondly, Locatio operis, or the hire of the labor and services of the hirer, for a compensation to be paid by the letter. Demurrage Maritime law. The freighter of a ship is bound not to detain it, beyond the stipulated or usual time, to load, or to deliver the cargo, or to sail. Maintenance 1) Crimes. A malicious, or at least, officious interference in a suit in which the offender has no interest, to assist one of the parties to it against the other, with money or advice to prosecute or defend the action, without any authority of law. 2) Quasi contracts. The support which one person, who is bound by law to do so, gives to another for his living; for example, a father is bound to find maintenance for his children; and a child is required by law to main-tain his father or mother when they cannot support themselves, and he has ability to maintain them. Cure A restoration to health. Seaman A sailor; a mariner; one whose business is navigation. Equity A branch of English law which developed hundreds of years ago when litigants would go to the King and complain of harsh or inflexible rules of common law which prevented "justice" from prevailing. For example, strict common law rules would not recognize unjust enrichment, which was a legal relief developed by the equity courts. The typical Court of Equity decision would prevent a person from enforcing a common law court judgment. The kings delegated this special judicial review power over common law court rulings to chancellors. A new branch of law developed known as "equity", with their decisions eventually gaining precedence over those of the common law courts. A whole set of equity law principles were developed based on the predominant "fairness" characteristic of equity such as "equity will not suffer a wrong to be without a remedy" or "he who comes to equity must come with clean hands". Marine Whatever concerns the navigation of the sea, and forms the naval power of a nation is called its marine. Insurance Contracts. It is defined to be a contract of indemnity from loss or damage arising upon an uncertain event. Interest 1) Estates. The right which a man has in a chattel real, and more particularly in a future term. It is a word of less efficacy and extent than estates, though, in legal understanding, an interest extends to estates, rights and titles which a man has in or out of lands, so that by a grant of his whole interest in land, a reversion as well as the fee simple shall pass. 2) Contracts. The right of property which a man has in a thing, commonly called insurable interest. 3) Evidence. The benefit which a person has in the matter about to be decided and which is in issue between the parties. SIMILAR TERMS-------------------------------------- Genealogy The summary history or table of a house or family, showing how the persons there named are connected together. Gener A son-in-law. General 1) A principal officer, particularly in the army. 2) Something opposed to special; as, a general verdict, the general issue, which expressions are used in contradistinction to special verdict, special issue. 3) Principal, as the general post office. 4) Not select, as a general ship. 5) Not particular, as a general custom. 5) Not limited, as general jurisdiction. 7) This word is sometimes annexed or prefixed to other words to express or limit the extent of their signification; as Attorney General, Solicitor General, the General Assembly. General agreement on tariffs and trade GATT. Multilateral international treaty first created in 1947 and frequently amended (most recently in 1994) to which 125 countries subscribe. GATT provides for fair trade rules and the gradual reduction of tariffs, duties and other trade barriers. The 1994 amendment created a World Trade Organization, which oversees the implementation of the GATT. General assembly This name is given in some of the states to the senate and house of representatives, which compose the legislative body. General counsel The senior lawyer of a corporation. This is normally a full-time employee of the corporation although some corporations contract this position out to a lawyer with a private firm. General damages Torts. General damages are such as the law implies to have accrued from the act of a tort-feasor. General defense A general denial of the material allegations of a claim. General heir Heir at common in the English law. The heir at common law is he who, after his father or ancestor's death has a right to, and is introduced into all his lands, tenements and hereditaments. He must be of the whole blood, not a bastard, alien. General imparlance Pleading. One granted upon a prayer, in which the defendant reserves to himself no exceptions, and is always from one term to another. General issue Pleading. A plea which traverses or denies at once the whole indictment or declaration, without offering any special matter, to evade it. It is called the general issue, because, by importing an absolute and general denial of what is alleged in the indictment or declaration, it amounts at once to an issue. General jurisdiction Refers to courts that have no limit on the types of criminal and civil cases they may hear. General land office "One of the departments of government of the United States. It was established by the Act of April 25,1812. It was reorganized by the following act, entitled ""An act to reorganize the General Land Office,"" approved July 4, 1836. General law Relates to a whole genus or kind, to a whole class or order. Opposed, local or special law. General meeting Companies are ultimately controlled by their shareholders voting in general meeting. Meetings of shareholders are convened by formal notice. The procedure is contained in the Articles of Association. Ordinary resolutions are passed by a simple majority of shareholders present in person or in proxy voting at the meeting. General Motors lawyer A lawyer representing American multinational car maker General Motors. General naturalization provisions The basic requirements for naturalization that every applicant must meet, unless a member of a special class. General provisions require an applicant to be at least 18 years of age and a lawful permanent resident with five years of continuous residence in the United States, have been physically present in the country for half that period, and establish good moral character for at least that period. General population (prison) In the US penitentiary slang, the mainline. Prisoners who can mix with other prisoners. General Public Utilities Corporation lawsuit The class action lawsuit against this company, owner of the three Mile Island nuclear power station which had a meltdown in 1979. General Public Utilities Corporation lawyer The class action lawyer representing this company, owner of the three Mile Island nuclear power station which had a meltdown in 1979. General ship One which is employed by the master or owners, on a particular voyage, and is hired by a number of persons, unconnected with each other, to convey their respective goods to the place of destination. General special imparlance Pleading. One in which the defendant reserves to himself " all advantages and exceptions whatsoever." General texts An approach to conflict of laws whereby solutions to conflict problems are sought in commentaries, general textbooks and essays by conflict of laws scholars, but without reliance on any multiple numbered rules, infra. General traverse Pleading. One preceded by a general inducement, and denying, in general terms, all that is last before alleged on the opposite side, instead of pursuing the words of the allegations, which it denies. Generalia specialibus non derogant A Latin maxim meaning "general things do not derogate from special things". The maxim expresses a rule of construction of statutes and international conventions, whereby their general provisions are held not to qualify their particular provisions. Geneva conventions The Geneva Conventions on the High Seas, on the Territorial Sea and Contiguous Zone, on the Continental Shelf and on Fishing and Conservation of the Living Resources of the High Seas, adopted at Geneva on April 29, 1958. PREVIOUS AND NEXT TERMS-------------------------------------- General imparlance Pleading. One granted upon a prayer, in which the defendant reserves to himself no exceptions, and is always from one term to another. General issue Pleading. A plea which traverses or denies at once the whole indictment or declaration, without offering any special matter, to evade it. It is called the general issue, because, by importing an absolute and general denial of what is alleged in the indictment or declaration, it amounts at once to an issue. General jurisdiction Refers to courts that have no limit on the types of criminal and civil cases they may hear. General land office "One of the departments of government of the United States. It was established by the Act of April 25,1812. It was reorganized by the following act, entitled ""An act to reorganize the General Land Office,"" approved July 4, 1836. General law Relates to a whole genus or kind, to a whole class or order. Opposed, local or special law. General maritime law General meeting Companies are ultimately controlled by their shareholders voting in general meeting. Meetings of shareholders are convened by formal notice. The procedure is contained in the Articles of Association. Ordinary resolutions are passed by a simple majority of shareholders present in person or in proxy voting at the meeting. General naturalization provisions The basic requirements for naturalization that every applicant must meet, unless a member of a special class. General provisions require an applicant to be at least 18 years of age and a lawful permanent resident with five years of continuous residence in the United States, have been physically present in the country for half that period, and establish good moral character for at least that period. General ship One which is employed by the master or owners, on a particular voyage, and is hired by a number of persons, unconnected with each other, to convey their respective goods to the place of destination. General special imparlance Pleading. One in which the defendant reserves to himself " all advantages and exceptions whatsoever." General texts An approach to conflict of laws whereby solutions to conflict problems are sought in commentaries, general textbooks and essays by conflict of laws scholars, but without reliance on any multiple numbered rules, infra. We thank you for using the Juridical Dictionary to search for General maritime law. If you have a better definition for General maritime law than the one presented here, please let us know by making use of the suggest a term option. This definition of General maritime law may be disputed by other professionals. Our attempt is to provide easy definitions on General maritime law and any other medical topic for the public at large.
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