Cruisers Forum
 


Join CruisersForum Today

Reply
 
Thread Tools Rate Thread Display Modes
Old 06-11-2015, 13:19   #16
Senior Cruiser
 
Cheechako's Avatar

Cruisers Forum Supporter

Join Date: Aug 2006
Location: Skagit City, WA
Posts: 19,363
Re: Jurisdiction Question

My guess is no country will care... enough to do anything.
__________________

__________________
"I spent most of my money on Booze, Broads and Boats. The rest I wasted" - Elmore Leonard











Cheechako is offline   Reply With Quote
Old 06-11-2015, 17:52   #17
Certifiable Refitter/Senior Wannbe
 
Wotname's Avatar

Cruisers Forum Supporter

Join Date: Jan 2008
Location: South of 43 S, Australia
Boat: Van DeStat Super Dogger 31'
Posts: 7,331
Re: Jurisdiction Question

Quote:
Originally Posted by Sailmonkey View Post
This made me laugh......it sounds like English....I think I follow it.....but......


Sent from my iPhone using Cruisers Sailing Forum
It's the Queen's English
Which bit are you having trouble with...
__________________

__________________
All men dream: but not equally. Those who dream by night in the dusty recesses of their minds wake in the day to find it was vanity: but the dreamers of the day are dangereous men, for they may act their dreams with open eyes, to make it possible. T.E. Lawrence
Wotname is offline   Reply With Quote
Old 06-11-2015, 18:07   #18
CF Adviser
 
Pelagic's Avatar

Cruisers Forum Supporter

Join Date: Oct 2007
Boat: Van Helleman Schooner 65ft StarGazer
Posts: 6,891
Re: Jurisdiction Question

Is that Queen Prescilla's English you speak down there?....
__________________
Pelagic is offline   Reply With Quote
Old 06-11-2015, 18:09   #19
Senior Cruiser
 
Sailmonkey's Avatar

Cruisers Forum Supporter

Join Date: Sep 2009
Location: Houston
Boat: '76 Allied Seawind II, 32'
Posts: 5,775
Re: Jurisdiction Question

Quote:
Originally Posted by Wotname View Post
It's the Queen's English
Which bit are you having trouble with...

Well, since you asked......"first cab off the rank". And wallopers.

My spell check keeps wanting wallpaper.


Sent from my iPhone using Cruisers Sailing Forum
__________________
Sailmonkey is online now   Reply With Quote
Old 06-11-2015, 18:20   #20
Certifiable Refitter/Senior Wannbe
 
Wotname's Avatar

Cruisers Forum Supporter

Join Date: Jan 2008
Location: South of 43 S, Australia
Boat: Van DeStat Super Dogger 31'
Posts: 7,331
Re: Jurisdiction Question

Quote:
Originally Posted by Sailmonkey View Post
Well, since you asked......"first cab off the rank". And wallopers.

My spell check keeps wanting wallpaper.


Sent from my iPhone using Cruisers Sailing Forum
OK, in Merican let's try "first taxi off the rank" - that better???

As for wallopers, it's the plural of the noun of the verb "to wallop". As in Wallop - definition of wallop by The Free Dictionary

It's what LEOs do all around the world

Wallpaper is we other folk sit while watching the wallopers go about their business
__________________
All men dream: but not equally. Those who dream by night in the dusty recesses of their minds wake in the day to find it was vanity: but the dreamers of the day are dangereous men, for they may act their dreams with open eyes, to make it possible. T.E. Lawrence
Wotname is offline   Reply With Quote
Old 06-11-2015, 18:22   #21
Certifiable Refitter/Senior Wannbe
 
Wotname's Avatar

Cruisers Forum Supporter

Join Date: Jan 2008
Location: South of 43 S, Australia
Boat: Van DeStat Super Dogger 31'
Posts: 7,331
Re: Jurisdiction Question

Quote:
Originally Posted by Pelagic View Post
Is that Queen Prescilla's English you speak down there?....
Hey, I resemble that remark...
__________________
All men dream: but not equally. Those who dream by night in the dusty recesses of their minds wake in the day to find it was vanity: but the dreamers of the day are dangereous men, for they may act their dreams with open eyes, to make it possible. T.E. Lawrence
Wotname is offline   Reply With Quote
Old 07-11-2015, 04:37   #22
Moderator Emeritus
 
GordMay's Avatar

Join Date: Mar 2003
Location: Thunder Bay, Ontario - 48-29N x 89-20W
Boat: (Cruiser Living On Dirt)
Posts: 31,583
Images: 240
Re: Jurisdiction Question

Quote:
Originally Posted by Wotname View Post
Perhaps a very silly question but in the English law tradition, wouldn't the country of the perpetrator only be known AFTER a guilty finding at trial. Prior to that event, there is no known perpetrator...
Or have I missed something basic here?
You've missed nothing. You are right, and the bullet should have read the country of the "accused" (not perpetrator).
__________________
Gord May
"If you didn't have the time or money to do it right in the first place, when will you get the time/$ to fix it?"



GordMay is offline   Reply With Quote
Old 07-11-2015, 07:52   #23
Registered User
 
Ziggy's Avatar

Join Date: Apr 2008
Location: U.S., Northeast
Boat: Contessa 32
Posts: 1,421
Images: 2
Re: Jurisdiction Question

Quote:
Originally Posted by GordMay View Post
The alleged criminal could be prosecuted by any of:
- the country in which the vessel is registered (flag state)
- the country of the victim
- the country of the perpetrator
- the United States.
The last bullet isn't a joke - the US often enforces its laws in international waters.
Interested readers might find the case of Achille Lauro illuminating
__________________
... He knows the chart is not the sea.
-- Philip Booth, Chart 1203
Ziggy is offline   Reply With Quote
Old 07-11-2015, 08:25   #24
Registered User

Join Date: Apr 2014
Location: KY, USA
Boat: MacGregor 26D
Posts: 22
Re: Jurisdiction Question

In some instances the victim will have not only a criminal right, usually prosecuted by the "state," but a civil right of action. The victim turned plaintiff will get to choose the forum most advantageous to them within the rules of jurisdiction.
__________________
williamtl is offline   Reply With Quote
Old 07-11-2015, 11:05   #25
CF Adviser
 
Pelagic's Avatar

Cruisers Forum Supporter

Join Date: Oct 2007
Boat: Van Helleman Schooner 65ft StarGazer
Posts: 6,891
Re: Jurisdiction Question

Quote:
Originally Posted by GordMay View Post
You've missed nothing. You are right, and the bullet should have read the country of the "accused" (not perpetrator).
My Bad!
__________________
Pelagic is offline   Reply With Quote
Old 07-11-2015, 11:59   #26
Registered User

Join Date: Jun 2010
Posts: 523
Re: Jurisdiction Question

Quote:
Originally Posted by williamtl View Post
In some instances the victim will have not only a criminal right, usually prosecuted by the "state," but a civil right of action. The victim turned plaintiff will get to choose the forum most advantageous to them within the rules of jurisdiction.
Getting a judgement may be the easiest part - enforcement can often be a different matter. Given the remedy under common law/ maritime law is normally damages, one the boat has sailed often so has the chance to enforce rights.

In my fathers case (which occurred in state waters) he was luckily able to enforce one of his rights (that of an unpaid Master) at a later date. That only happened because he was in the right place at the right time and the harbour master was an old friend and former manager.

The VERY serious criminal matters were never addressed in a court.
__________________

__________________
2 Dogs
justwaiting is offline   Reply With Quote
Reply

Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Technical question - bank state-of-charge question Zanshin Electrical: Batteries, Generators & Solar 11 17-01-2014 12:10
Age old question.. or is an old question of age? xeon_tsd Dollars & Cents 27 24-02-2013 06:47
Question About a Question... J Ventura Forum Tech Support & Site Help 1 15-03-2010 09:26
KEEL/BALLAST QUESTION?? PLUS EXTRA CREDIT QUESTION ;) stephenronning Monohull Sailboats 3 21-03-2009 04:19
USCG jurisdiction delmarrey Rules of the Road, Regulations & Red Tape 20 04-02-2006 14:21



Copyright 2002- Social Knowledge, LLC All Rights Reserved.

All times are GMT -7. The time now is 07:46.


Google+
Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2017, vBulletin Solutions, Inc.
Social Knowledge Networks
Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2017, vBulletin Solutions, Inc.

ShowCase vBulletin Plugins by Drive Thru Online, Inc.