Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Federal Maritime Commission
A federal agency that regulates the waterborne foreign and domestic commerce of the United States. - Abbr. FMC.
Maritime
adj. 1. Connected with or situated near the ocean. 2. Of or relating to sea navigation or commerce. "The word 'maritime' has in the Constitution its appropriate meaning, i.e., relating to the sea, and 'sea' is a word of wide extension and application .... Its classical and scriptural equivalents are applied to all sorts of navigable waters. It is not restricted, even in common speech, to waters where the tide ebbs and flows, for the Baltic Sea, the Black Sea, the Sea of Azof, the Sea of Marmora, the Mediterranean Sea, the great scenes of early maritime enterprise, have no visible tide." 1 Steven F. Friedell, Benedict on Admiralty § 103, at 7-5 (7th ed. 1996).
Maritime Administration
A federal agency that promotes and regulates the activities of the U.S. merchant marine, esp. by directing emergency operations, establishing specifications for shipbuilding and design, and determining navigation routes. ( The Maritime Act of 1981 transferred the Maritime Administration from the Department of Commerce to the Department of Transportation.
Maritime Commission
A federal agency that regulates the waterborne foreign and domestic commerce of the United States by: (1) ensuring that U.S. international trade is open to all countries on fair and equitable terms, (2) guarding against unauthorized monopolies in U.S. waterborne commerce, and (3) ensuring that financial responsibility is maintained to clean up oil spills and indemnify injured passengers.
Supplemental Rules for Certain Maritime and Admiralty Claims
See MARITIME JURISDICTION.
droit maritime
Frenchl
maritime belt
See territorial waters under WATER.
maritime contract
A contract that relates to a vessel in its use as such, to navigation on navigable waters, to transportation by sea, or to maritime employment. ( An action on a maritime contract falls within the admiralty jurisdiction."Though an obligation could be created by a literal contract in the time of Gains, the so-called literal contract of Justinian was not, in itself, a means of creating an obligation, but was the evidence of an obligation created in some other way . . . . The true literal contract, as described by Gaius, may be defined as a means of creating an obligation to pay money by a fictitious entry .. . in the creditor's account book . . . with the consent of the intended debtor. A, with B's consent, enters the fact that B is indebted to him ... and thereupon B is under an obligation to pay, though no money has passed between them." R.W. Leage, Roman Private Law 316-17 (C.H. Ziegler ed., 2d ed. 1930) 2. Civil law. A contract fully evidenced by a writing and binding on the signatory.
maritime court
See ADMIRALTY (1).
maritime employment
Under the Longshoremen's and Harbor Workers' Compensation Act, a job that is related to the loading, unloading, construction, or repair of a vessel. 33 USCA § 902(3).
maritime flavor
The relation of a given case to shipping concerns. ( This is a factor used in determining federal admiralty jurisdiction over a particular matter by analyzing whether the matter sufficiently relates to marine and shipping concerns and whether there is need for a federal response. "There is perhaps no more elusive concept in the law of admiralty than 'maritime flavor.' While 'maritime flavor' is incapable of precise definition, certain observations may be helpful. Generally, courts find 'maritime flavor' in those events and transactions which are major concerns of the shipping industry. This is tempered by the realization that exercise of federal control will not necessarily promote maritime shipping with the same vigor as control by a coastal or predominantly maritime state. Since federal law will not necessarily be more favorable, courts may find 'maritime flavor' only when there is a perceived need for a uniform national rule, which can only be provided by the federal sovereign." Frank L. Maraist, Admiralty in a Nutshell 23 (2d ed. 1988).
maritime interest
Interest charged on a loan secured by a sea vessel or its cargo, or both. ( Because of the lender's considerable risk, the interest rate may be extraordinarily high. -Also termed marine interest.
maritime jurisdiction
The exercise of authority over maritime cases by the U.S. district courts sitting in admiralty. See 28 USCA § 1333. 0 Cases falling within this jurisdiction are governed by the Supplemental Rules for Certain Admiralty and Maritime Claims - a supplement to the Federal Rules of Civil Procedure. See ADMIRALTY (1).
maritime law
The body of law governing marine commerce and navigation, the transportation at sea of persons and property, and marine affairs in general; the rules governing contract, tort, and workers'-compensation claims arising out of commerce on or over water. - Also termed admiralty; admiralty law. Cf. LAW OF THE SEA. maritime lien See LIEN.
maritime lien
A lien on a vessel, given to secure the claim of a creditor who provided maritime services to the vessel or who suffered an injury from the vessel's use. - Also termed tacit hypothecation.
maritime loan
See LOAN
maritime service
Maritime law. Work performed in connection with a ship or commerce on navigable waters, such as service to preserve a ship's crew, cargo, or equipment.
maritime state
Hist. The collective officers and mariners of the British navy.
maritime tort
See TORT.
maritime-connection doctrine
See LOCALITYPLUS TEST.
seaman. Maritime law
A person who assists in the navigation and operation of a vessel at sea; a sailor or mariner, esp. one below the rank of officer. ( Seamen's injuries are covered under the Jones Act. - Also termed mariner. See JONES ACT. Cf. STEVEDORE.
transshipment. Maritime law
The act of taking cargo out of one ship and loading it on another. - transship, ub.
usura maritime
[Latin] Interest taken on a bottomry or respondentia bond, proportioned to the risk and so not restricted by a usury law.