Warning
Info
Warning
Info
Simple English definitions for legal terms
locality-plus test
Read a random definition: lex generalis
A quick definition of locality-plus test:
The locality-plus test is a rule in maritime law that says for a federal court to have jurisdiction over a tort case, the alleged wrong must have happened on navigable waters and be related to a traditional maritime activity. This means that the case must involve something that is commonly done on the water, like shipping or fishing, and not just any random accident that happens on a boat or ship.
A more thorough explanation:
The locality-plus test is a requirement in maritime law that must be met for a federal court to exercise admiralty tort jurisdiction. This test states that not only must the alleged wrong occur on navigable waters, but it must also relate to a traditional maritime activity.
For example, if a person is injured while working on a ship, the locality-plus test would be met because the injury occurred on navigable waters and is related to a traditional maritime activity. However, if a person is injured while swimming in a lake, the locality-plus test would not be met because the injury did not occur on navigable waters and is not related to a traditional maritime activity.
The locality-plus test was established in the case of Executive Jet Aviation, Inc. v. Cleveland, where the Supreme Court ruled that the test must be met for a federal court to have jurisdiction in admiralty tort cases.