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06-11-2015, 12:19
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#16
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Registered User
Join Date: Aug 2006
Location: Skagit City, WA
Posts: 25,482
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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
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06-11-2015, 16:52
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#17
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Moderator and Certifiable Refitter
Join Date: Jan 2008
Location: South of 43 S, Australia
Boat: C.L.O.D.
Posts: 20,301
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Re: Jurisdiction Question
Quote:
Originally Posted by Sailmonkey
This made me laugh......it sounds like English....I think I follow it.....but......
Sent from my iPhone using Cruisers Sailing Forum
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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
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06-11-2015, 17:07
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#18
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CF Adviser
Join Date: Oct 2007
Boat: Van Helleman Schooner 65ft StarGazer
Posts: 10,280
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Re: Jurisdiction Question
Is that Queen Prescilla's English you speak down there?....
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06-11-2015, 17:09
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#19
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Registered User
Join Date: Sep 2009
Location: Houston
Boat: ‘01 Catana 401
Posts: 9,626
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Re: Jurisdiction Question
Quote:
Originally Posted by Wotname
It's the Queen's English
Which bit are you having trouble with...
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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
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06-11-2015, 17:20
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#20
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Moderator and Certifiable Refitter
Join Date: Jan 2008
Location: South of 43 S, Australia
Boat: C.L.O.D.
Posts: 20,301
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Re: Jurisdiction Question
Quote:
Originally Posted by Sailmonkey
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
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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
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06-11-2015, 17:22
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#21
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Moderator and Certifiable Refitter
Join Date: Jan 2008
Location: South of 43 S, Australia
Boat: C.L.O.D.
Posts: 20,301
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Re: Jurisdiction Question
Quote:
Originally Posted by Pelagic
Is that Queen Prescilla's English you speak down there?....
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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
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07-11-2015, 03:37
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#22
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Senior Cruiser
Join Date: Mar 2003
Location: Thunder Bay, Ontario - 48-29N x 89-20W
Boat: (Cruiser Living On Dirt)
Posts: 49,139
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Re: Jurisdiction Question
Quote:
Originally Posted by Wotname
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?
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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?"
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07-11-2015, 06:52
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#23
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Registered User
Join Date: Apr 2008
Location: U.S., Northeast
Boat: Currently boatless
Posts: 1,643
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Re: Jurisdiction Question
Quote:
Originally Posted by GordMay
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.
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Interested readers might find the case of Achille Lauro illuminating
__________________
... He knows the chart is not the sea.
-- Philip Booth, Chart 1203
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07-11-2015, 07:25
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#24
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Registered User
Join Date: Apr 2014
Location: KY, USA
Boat: MacGregor 26D
Posts: 29
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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.
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07-11-2015, 10:05
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#25
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CF Adviser
Join Date: Oct 2007
Boat: Van Helleman Schooner 65ft StarGazer
Posts: 10,280
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Re: Jurisdiction Question
Quote:
Originally Posted by GordMay
You've missed nothing. You are right, and the bullet should have read the country of the "accused" (not perpetrator).
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My Bad!
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07-11-2015, 10:59
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#26
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Registered User
Join Date: Jun 2010
Posts: 530
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Re: Jurisdiction Question
Quote:
Originally Posted by williamtl
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.
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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.
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