1:15
Was she a natural ginger or a fake ginger? You can’t always tell
Warning
Info
Warning
Info
LSDefine
Simple English definitions for legal terms
locality test
Read a random definition: nondiscretionary trust
A quick definition of locality test:
Locality Test: In maritime law, this is a requirement that for a federal court to have jurisdiction over a tort case, the alleged wrong must have happened on navigable waters. This rule was replaced by the locality-plus test, which also requires that the wrong must relate to a traditional maritime activity.
A more thorough explanation:
The locality test is a requirement in maritime law that states for a federal court to have jurisdiction over an admiralty tort case, the alleged wrong must have occurred on navigable waters.
For example, if a person is injured while on a boat in a navigable waterway, a federal court may have jurisdiction over the case under admiralty law because the injury occurred on navigable waters.
However, the locality test was replaced by the locality-plus test in 1972. The locality-plus test requires not only that the alleged wrong occur on navigable waters but also that it relates to a traditional maritime activity. This means that the case must have a significant connection to maritime commerce or navigation.
For example, if a person is injured while working on a ship that is transporting goods between ports, the case may have a significant connection to maritime commerce and navigation, and a federal court may have jurisdiction under admiralty law.
Overall, the locality test and the locality-plus test are important requirements in determining whether a federal court has jurisdiction over an admiralty tort case.