Admiralty and the Law
1. Who is liable when a pilot causes damage to a ship?
2. Summarize the important facts, issue, holding, and reasons for the decision in the case of United States v. Nielson 349 U.S. 129 (1955) at p. 375 of the casebook. Do you agree or disagree with the decision and why?
When a forum asks you to brief a case, please use the standard case brief format. Your brief should be structured as follows:
? FACTS: Who did what to whom? Include all facts the court considered significant. Summarize in your own words. DO NOT cut and paste from the opinion.
? PROCEDURAL HISTORY: Who is asking the court to do what? How did the case procedurally get before this court?
? ISSUE: What question(s) did the court have to answer in order to make their decision? Your issue(s) should be stated in the form of a question.
? HOLDNG: Which way did the court answer the question? What did they decide?
? RATIONALE: Why did the court decide the case the way it did? What legal standard did they use or establish? What prior cases did the Court rely upon and why?
Explain why you agree or disagree with the decision.