Difference Between Maritime Law vs. Common Law

Legal matters can be complex, especially when dealing with different branches of legislation. Maritime law and common law are two such branches that are often misunderstood but serve different purposes in the juridical system. Understanding the difference between the two can help businesses and individuals better address legitimate challenges more effectively. This is especially relevant in Houston, where the bustling port and booming industries bring maritime and land-based juridical matters to the forefront. If you’re facing legal issues related to either system, the maritime injury lawyers at Armstrong Lee & Baker LLP are well-versed in both areas and can provide the guidance you need.

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What is Common Law?

Common law is a legitimate system that evolves through judicial rulings rather than formal legislation or written codes. It plays a vital role in many systems across the globe, especially those with roots in the British legal tradition, such as the United States.

It is based on precedents set by previous court decisions, where the rulings made by judges in individual cases set a legal standard for future similar cases. When tribunals face cases that are not directly addressed by existing regulations or statutes, they rely on common law principles for guidance. Over time, these decisions accumulate into a set of norms and rules.

Examples of Common Law in Action

In Houston, common law often comes into play in civil litigation cases, such as personal injury claims, contract disputes, and property rights. For example, in a case involving a car accident, a judge may refer to prior cases with similar circumstances to determine fault and award damages.

What is Maritime Law?

Maritime law, also known as admiralty law, governs juridical issues that occur on navigable waters such as rivers, seas, and oceans. It is an international legal framework that has evolved over centuries, shaped by treaties, conventions, and national legislation. Given Houston’s role as a major port city, this principle is especially relevant for industries involved in shipping, offshore drilling, and fisheries.

Common Law vs. Maritime Law

Although both play significant roles in the U.S. juridical system, they differ considerably in their origins, scope, areas of application, and how cases are handled.

Origins

They have distinct origins that have shaped their development and application over time.

Common law originated in medieval England and has evolved over centuries through court rulings and judicial precedents. This system is inherently customary and flexible, allowing it to adapt to new legal challenges by relying on previous tribunal decisions to guide future cases. It also provides a foundation for legitimate systems in many countries that were once part of the British Empire. Over time, courts in common law systems have established a collection of legal principles that govern a wide range of issues, including personal injury, property disputes, and contract regulations.

Maritime law, on the other hand, has much older roots, dating back to ancient seafaring civilizations like the Phoenicians and Greeks. It is codified and based on a blend of international treaties, conventions, and national statutes. Its purpose is to regulate the unique regulatory needs of activities that occur on navigable waters, such as shipping, maritime trade, and naval operations. This codification makes maritime law more rigid compared to the adaptable nature of common law.

Scope

The scope of both mandates also differs significantly, each addressing specific types of legal matters.

Common law applies broadly to a variety of juridical issues that arise on land. This includes personal injury, contract disputes, criminal law, and property rights. For instance, if a person slips and falls in a commercial building in the state, the case would likely be governed by these principles. Courts use it when statutory legislation doesn’t specifically address an issue, allowing judges to draw on past decisions to fill in the legal gaps. The flexibility of this statute guarantees that it can cover a wide array of juridical areas, making it applicable to both everyday civil disputes and more complex legal matters.

Maritime law, however, governs legitimate issues that occur on navigable waters, including the seas, rivers, and lakes. Its scope is much more specific, focusing on shipping contracts, vessel-related accidents, offshore oil drilling disputes, and fisheries. Considering Houston’s status as a prominent port city and its closeness to the Gulf of Mexico, this legislation is vital to the city’s legal framework, especially in sectors such as shipping and offshore drilling.

Areas of Application

Both are applied in very different settings due to their unique focus areas.

In common law, tribunals apply legal precedents to various issues involving individuals and businesses. Some frequent areas of application include:

• Personal injury cases: Car accidents, workplace injuries, and slip-and-fall incidents.
• Contract disputes: Disagreements over business contracts or real estate transactions.
• Property rule: Land ownership conflicts or boundary issues.
• Employment mandate: Cases involving wrongful termination or wage disagreements.

In contrast, maritime law applies to incidents and disputes that occur on navigable waters. Key areas include:

• Injuries aboard vessels: Claims filed by seafarers or passengers injured while on ships.
• Shipping disputes: Issues regarding the transport of goods by sea, including breaches of shipping contracts.
• Marine insurance: Coverage claims for damage to ships or cargo, often involving large financial stakes.
• Piracy: Acts of illegal hijacking or theft on international waters prosecuted under maritime jurisdiction.

This statute is essential for addressing legal arguments that arise in Houston-based businesses engaged in maritime trade, shipping, or offshore drilling.

Examples of Issues Covered

The legal issues of these two legislations differ according to their scope and application.

Common law typically addresses:

• Personal injury: Claims involving car accidents, slips and falls, and workplace injuries.
• Contract regulation: Disputes over business agreements, employment contracts, and real estate transactions.
• Tort principle: Cases involving defamation, negligence, or product liability.

Maritime law focuses on the following:

• Injuries on vessels: Seafarers, fishermen, and passengers injured aboard ships can seek compensation under this statute.
• Shipping contracts: Conflicts over the transport of goods by sea, including claims for cargo loss or damage.
• Marine insurance: Coverage for ship damage or loss at sea, which can involve large-scale financial claims.
• Piracy and maritime crime: Illegal activities occurring on the high seas, including stealing, usurpation, or violence.

Areas of Application and Examples of Issues Covered

Common law and maritime law have distinct areas of application, each addressing different types of disputes and legal issues.

Common law generally applies to matters involving individuals and businesses, such as:

• Personal injury cases: These include car accidents, workplace injuries, and slip-and-fall incidents, where liability and damages are determined based on negligence. Compensation may cover medical expenses, lost wages, and pain and suffering.
• Contract disputes: Disagreements over the terms or fulfillment of business contracts, real estate transactions, or employment agreements. These cases may lead to litigation or alternative dispute resolution methods like mediation or arbitration, impacting business continuity and relationships.
• Property and land disputes: Conflicts over land ownership, boundary issues, or easement rights, which can significantly affect real estate development, land use, or property value.
• Employment-related claims: These cover wrongful termination, workplace discrimination, harassment, and wage disagreements. Employers and employees often rely on labor laws to navigate such disputes, ensuring fair treatment.

In contrast, maritime law governs incidents and disputes that arise on navigable waters, focusing on:

• Injuries aboard vessels: Seafarers and passengers can seek compensation for injuries sustained at sea under statutes like the Jones Act. Claims often include compensation for long-term disabilities or loss of income.
• Shipping disputes: Issues related to the transport of goods by sea, such as cargo loss, damage, or contractual breaches, which can involve multinational stakeholders.
• Marine insurance: Complex claims related to damage or loss of ships and cargo, which are often high-stakes due to the significant financial value involved.
• Piracy and maritime crimes: Illegal activities like hijacking, theft, and violent crime on international waters require coordinated efforts between countries for enforcement and prosecution.

In Houston, maritime law is especially vital for businesses engaged in offshore drilling, shipping, and maritime trade, often requiring expert legal interpretation to ensure compliance.

How Cases Are Handled

There are significant procedural differences in how cases are handled.

In common law, cases are typically tried before a judge and jury. The entire case, including the facts and legal issues, is presented in court, and the jury is responsible for rendering a verdict based on the evidence. Trials are common in civil disputes, such as personal injury or contract cases, as well as in criminal law. The process often involves a detailed examination of precedent, as judges draw on prior court rulings to inform their decisions.

Alternatively, maritime law cases are typically handled in bench trials, where a judge reviews the facts and renders a decision. This is because naval cases often require specialized legal knowledge that is outside the expertise of a typical jury. Maritime judges are well-versed in admiralty legislation and apply specific rules and conventions that govern activities on navigable waters.

These differences reflect the distinct nature of each juridical system: common law thrives on its flexibility and jury involvement, while maritime law relies on codified rules and the specialized expertise of admiralty judges.

Legal Differences in Maritime vs. Common Law Cases

Numerous key legal differences affect not only the way cases are handled but also the rights and obligations of the parties involved.

1. Jurisdiction:
   In common law, jurisdiction typically depends on state or federal mandates, and cases are heard in courts that have authority over the location where the incident occurred. Maritime law cases, however, are often heard in federal courts because they involve issues related to international waters or interstate commerce.
2. Statutes of Limitation:
   In common law, statutes of limitations vary depending on the nature of the claim and the jurisdiction. For example, personal injury cases in Texas generally have a two-year statute of limitations. In contrast, maritime law has its own specific time limits for filing claims, such as the three-year statute of limitations for personal injury claims under the Jones Act.
3. Legal Protections:
   Maritime law provides additional protections for workers at sea through principles that allow injured seamen to sue their employers for negligence. These protections do not exist in common law, where workplace injury claims are generally handled through workers’ compensation statutes.
4. Compensation:
   The types of compensation available can also differ. Common law typically allows for punitive damages in some instances, while maritime law often limits compensation to actual damages related to the injury or loss.

Need Legal Help with Common or Maritime Law? Contact Us Today

Knowing these differences can significantly affect your legal outcomes, particularly in a city like Houston, where both judicial systems intersect. Whether you’re facing a legal challenge on land or water, Armstrong Lee & Baker LLP is ready to assist you. Contact us for expert guidance tailored to your specific needs, and let us help you maneuver through the complexities of your situation.

Scott Armstrong

Scott Armstrong obtains remarkable results for his clients. He has successfully tried numerous cases to favorable verdicts and reached significant settlements on his clients’ behalf, recovering millions for them. Our lawyers have 25+ years of combined experience.

Scott is known for his aggressive approach to every case. He has been recognized as a Rising Star by Super Lawyers, an accolade awarded to only 2.5% of attorneys under forty and practicing for less than ten years. Houstonia Magazine, H-Texas Magazine, and others have recognized Scott as a “top lawyer” in Houston.

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