Claimant in United States

Claimant Definition

In Admiralty Practice. A person authorized and admitted to defend a libel brought in rem against property; thus, for example, thirty hogsheads of sugar. 9 Cranch (U.S.) 191. In Old English Law. The plaintiff in ejectment.

Claimant in Foreign Legal Encyclopedias

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In Admiralty Practice. A person authorized and admitted to defend a libel brought in rem against property; thus, for example, thirty hogsheads of sugar. 9 Cranch (U.S.) 191. In Old English Law. The plaintiff in ejectment.

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This definition of Claimant is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.

Practical Information

Note: Some of this information was last updated in 1982

In admiralty (in U.S. law) law, the term claimant has two meanings, each almost opposite to the other. (1) When a vessel is sued in rem (that is, no individual or corporation is sued) the owner of the ship appears, files a claim of owner, and defends the action on behalf of the ship. In such a case, the owner is called a claimant. (2) When a steamship owner whose vessel has been in a disaster petitions to limit his liability, the parties who have claims against the limitation fund (who are really plaintiffs) file their claims against the fund and are called claimants.

(Revised by Ann De Vries)

What is Claimant?

For a meaning of it, read Claimant in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Claimant.

Main Elements of a Claim Under § 1605A FSIA

Nationality of claimant or victim

According to research about Claimant from the Federal Judicial Center:At the time of (or as a result of) the act of torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support or resources in question, the Secretary of State must have formally designated the foreign state as a government that has “repeatedly provided support for acts of international terrorism” pursuant to § 6(j) of the Export Administration Act of 1979, § 620A of the Foreign Assistance Act of 1961, § 40 of the Arms Export Control Act, or any other relevant provision of law.273 The list of designated state sponsors of terrorism is published on April 30 of each year. If the foreign state is not on the list at the time of the act or as a result of the act, the terrorism exception does not apply.274 As of December 2013, four countries were on the list: Cuba, Iran, Sudan, and Syria.275 The removal of a state from the list of designated state sponsors does not automatically impact pending litigation. However, following the overthrow of Saddam Hussein, Congress passed legislation that permitted the President to make the terrorism exception to immunity under former § 1605(a)(7) inapplicable to Iraq, depriving the courts of jurisdiction over then-pending actions. In Republic of Iraq v. Beaty,276 the Supreme Court upheld the President’s exercise of this authority: “When the President exercised his authority to make inapplicable to Iraq all provisions of law that apply to countries that have supported terrorism, the exception to foreign sovereign immunity for state sponsors of terrorism became inoperative as against Iraq.”Note: FSIA is the acronym of the Foreign Sovereign Immunities Act of 1976.

Social Security Disability Claims Act and Explanation of Claims Process Fact Sheet For Claimant (in Disability Claims)

Some information about Social Security Disability Claims Act and Explanation of Claims Process Fact Sheet For Claimant in this context.

Claimant’s Response to a United States District Court’s Decision (in Disability Claims)

Some information about Claimant’s Response to a United States District Court’s Decision in this context.

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See Also

Popular Topics related with Claimant

• Foreign Immunity
• U.S. Foreign Sovereign Immunities Act
• Foreign Sovereign Immunity in International Law
• Immunities Definition
• Immunity Clause
• Immunity of Heads of State
• Jurisdictional Immunities