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Article III, Section 2 of the United States Constitution grants original jurisdiction to U.S. federal courts over admiralty and maritime matters; however, that jurisdiction is not exclusive, and most maritime cases can be heard in either state or federal courts under the "saving to suitors" clause.

With the notable exception of liens that arise from a personal injury claim against a vessel, there is no statute of limitations on a valid maritime lien. Instead, Federal law (Title 46 US Code, section 31343) provides for the expiration of a recorded Notice of Claim of Lien after three years.

A person claiming to hold a maritime lien against a vessel may file suit in rem against the vessel and have the court order the arrest of the vessel to secure their claim. Maritime liens arise by operation of law.

Its only contemporary advantage is the protection it affords some seafarers, which could be provided in other ways. Otherwise, there is a good case for simply abolishing it and leaving maritime claimants to their statutory rights of arrest.

Location: The first factor to consider is where the injury occurred. Maritime law generally applies to injuries that occur on navigable waters, which include oceans, rivers, lakes, and other bodies of water that are used for commerce. If the injury occurred on land, it may not be subject to maritime law.

General Average is a principle of maritime law that essentially establishes that all sea cargo stakeholders (owner, shipper, etc.) evenly share any damage or losses that may occur as a result of voluntary sacrifice of part of the vessel or cargo to save the whole in an emergency.