Understanding the Great Lakes Rule: A Key Maritime Legal Principle

Q: Who can demand a jury trial under this rule?

Either party involved in a contract or tort action related to a qualifying vessel can demand a jury trial.

Q: Does this rule apply to recreational boating?

No, the Great Lakes Rule specifically applies to commercial vessels engaged in trade.

Definition & Meaning

The Great Lakes Rule is a legal principle that allows individuals involved in maritime disputes to request a jury trial. This applies specifically to cases related to contracts or torts that arise from the operation of commercial vessels on the Great Lakes or the navigable waters connecting them. The rule ensures that if a vessel is twenty tons or more and is licensed for coasting trade, either party in a legal dispute can demand a jury trial for factual issues.

Table of content

Legal Use & context

This rule is primarily used in maritime law, which governs navigable waters and the activities of vessels. It is relevant in cases involving commercial shipping, accidents, or contractual disputes related to maritime operations. Users may find legal templates useful for drafting documents related to these disputes, which can be accessed through resources like US Legal Forms.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: A shipping company is involved in a dispute with a supplier over a contract for transporting goods across the Great Lakes. The shipping company can demand a jury trial to resolve factual disputes related to the contract.

Example 2: A vessel collides with another boat while navigating the Great Lakes, leading to injuries and property damage. The affected parties may seek a jury trial to address claims of negligence. (hypothetical example)

Relevant laws & statutes

The Great Lakes Rule is codified at 28 USCS § 1873, which outlines the right to a jury trial in admiralty and maritime cases involving specified vessels. This statute is central to understanding the legal framework surrounding maritime disputes on the Great Lakes.

Comparison with related terms

Term	Definition	Key Differences
Admiralty Law	The body of law governing maritime questions and offenses.	Great Lakes Rule is a specific provision within admiralty law concerning jury trials.
Maritime Law	Legal framework that governs maritime activities.	Great Lakes Rule applies specifically to commercial vessels on the Great Lakes.

Common misunderstandings

What to do if this term applies to you

If you find yourself involved in a maritime dispute related to the Great Lakes, consider the following steps:

Determine if your case qualifies under the Great Lakes Rule.
Gather all relevant documentation related to the dispute.
Consider using legal templates from US Legal Forms to draft necessary documents.
If the situation is complex, consult with a legal professional for tailored advice.

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Quick facts

Attribute	Details
Jurisdiction	Great Lakes and connecting navigable waters
Vessel Size Requirement	Twenty tons or more
Trial Type	Jury trial for factual issues

Key takeaways

Frequently asked questions

What is the Great Lakes Rule?

It is a legal principle that entitles parties in maritime disputes involving commercial vessels on the Great Lakes to a jury trial.