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LSDefine

Simple English definitions for legal terms

maritime flavor

Read a random definition: Institute of Museum and Library Services

A quick definition of maritime flavor:

Maritime flavor refers to how closely a legal case is related to shipping and marine concerns. It is used to determine whether federal admiralty jurisdiction is necessary for a particular matter. Courts usually find maritime flavor in events and transactions that are important to the shipping industry, but federal control is only exercised when there is a need for a uniform national rule that cannot be provided by individual states.

A more thorough explanation:

Definition: Maritime flavor refers to the relation of a case to shipping concerns. It is a factor used to determine federal admiralty jurisdiction over a particular matter by analyzing whether the matter sufficiently relates to marine and shipping concerns and whether there is a need for a federal response.

For example, if a cargo ship is involved in a collision with another vessel, the case would have a maritime flavor because it directly relates to shipping concerns. On the other hand, if a person slips and falls on a dock, the case may not have a maritime flavor because it does not directly relate to shipping concerns.

Courts find maritime flavor in events and transactions that are major concerns of the shipping industry. However, the exercise of federal control will not necessarily promote maritime shipping with the same vigor as control by a coastal or predominantly maritime state. Therefore, courts may only find maritime flavor when there is a perceived need for a uniform national rule, which can only be provided by the federal sovereign.

maritime employment | maritime interest

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