Introduction
One of the more complex aspects of having different legal systems is trying to differentiate between maritime law and common law. For instance, both branches have cruise ships linked to their purposes and applications, especially in a buzzing port city like Houston. This article seeks to give a comprehensive explanation of these two systems of law, as well as a breakdown of their internal differences and how our medical records review services help attorneys within these jurisdictions to handle cases more efficiently.
What is Common Law?
Definition and Overview
- A legal system that is built through the rulings of judges in courts rather than laws enacted by a legislature in writing – it is based on the past court decisions that guide future legal battles, is called the common law.
- Historical Context: Common law stems from medieval England and has grown over the centuries. It is the basic framework of many modern legal systems, especially those that evolved out of Britain such as the US.
Key Characteristics of Common Law
- Precedent -Based: Judges follow the approach taken by previous judges in the resolution of similar matters ensuring uniformity and predictability of the law.
- Flexibility: Common law goes with the change in people’s suitable values and norms over time, thus able to respond to new legal problems.
- Broad Application: Common law covers a wide range of issues; these include personal injuries, violation of contracts, and ownership disputes.
What is Maritime Law?
Definitions and Scope
• Maritime Law: Also known as admiralty law, it deals with legal matters related to ocean, river, and lake systems of communication. This body of law is critical for the management of trade and maritime transportation.
• International Structure: Maritime is created from international treaties, agreements, and other foreign and national laws which makes them specialized and complex law sectors.
Key Characteristics of Maritime Law
• Codified Regulations: Similar to civil law, maritime is frequently codified unlike common law, granting a starkly outlined system for judicial procedures.
• Specific Scope: Deals with specialized matters of shipping, navigation, and marine commerce, as shipping contracts, vessel collisions, and marine insurance policies.
• International Jurisdiction: Maritime law is applicable within many jurisdictions, as it may require an understanding of national principles but also international legal aspects.
Common Maritime Law vs. General Maritime Law
Title and Evolution
• Common Law: Comes from accumulated court rulings in England with focus on land-based problems which lead to the creation of law.
• Maritime Law: Has roots in the ancient world, stem from civilizations engaged in maritime trading and specially devised to meet the requirements emerging from marine activities.
Geographical Span
• Common Law: Deals universally with most problems that occur within a country’s boundaries except crime, like bodily harm, breach of agreements, and ownership issues.
• Maritime Law: Deals with matters of shipping, accidents involving vessels, and claims of marine insurance that arise on navigable waters.
Legal Procedures
• Common Law: Places emphasizes on the provision of evidence before a judge and jury for legal liability issues where the focus is trying to determine a case’s liability.
• Maritime Law: Most cases are determined by a judge specialized in the area of the case, and only bench trials are provided for under the specialized laws of maritime jurisprudence.
Compensation and Legal Protections
• Common Law: Offers arbitrary pecuniary awards through damages and punishes cases with some in certain instances.
• Maritime Law: Provisions provide more general assistance to maritime workers in employers’ negligence cases through the Jones Act on granting an action for the injured seamen.
Current Trends and Statistics in Maritime and Common Law (2024)
Recent Developments
• Maritime Law: There has been increased litigation in maritime law, especially in regard to the environment and shipping safety due to the rise in international shipping and trade.
• Common Law: The reform of personal injury and contract law provides continual change in the focus on the litigation of cases to focus on alternative dispute resolution.
Researched Waterways
• The Bureau of Labor Statistics reveals an increased risk of injury among workers in the maritime industry which emphasizes the need for understanding maritime laws for legal practitioners.
How Medical Records Review Services Help Lawyers
Understanding the Importance of Medical Records in Legal Cases
• Detailed Records: Medical records are relevant to prove a case in common law and maritime law. Our medical records review services ensures relevant medical history gets the required attention and presentation.
• Finding Outliers: Attorneys can analyze multiple cases and find common injuries, along with other outcomes that would assist them in making strong arguments in court.
Case Study 1
Case Study 1: Maritime Injury Claim
• Case Overview: A seaman sustained an injury while working on a fishing vessel because of the poor working conditions on the vessel.
• Challenges: The various facets of the maritime law in conjunction with proving negligence under the Jones Act made this case a bit tricky.
• Solutions: The attorney used our medical records review services, which allowed him to gather detailed evidence of the seaman’s injuries and subsequent treatment which proved vital to establishing the employer’s liability.
Study Case 2: A Personal Injury Case under Common Law
• Overview: A construction worker suffered injuries from unsafe scaffolding that resulted in a fall.
• Challenges: This was particularly challenging because one had to show common law principles and the employer’s negligence at the same time.
• Solutions: The lawyer used our medical records review services to obtain comprehensive medical documentation along with required expert testimony that proved the injuries were indeed as alleged.
Conclusion
Attorneys dealing with the two domains of law ought to appreciate the differences between maritime law and common law. Using the medical records review services ensures that legal practitioners get all the relevant documents that are often vital to strengthen their cases and turn the odds in their favor.
