Logourl black
From our private database of 14,000+ case briefs...

Jesse Lewis (The David J. Adams) Claim (United States v. Great Britain)

Claims Arbitration under the Special Agreement of August 18, 1919, 1921, Nielsen Rep. 526
6 U.N. Rep. Int’l Arb. Awards 85


Facts

Under the Treaty of London of 1818, the United States (plaintiff) gave up the right of its citizens to fish in Canadian waters. An exception to this rule permitted American fishermen to enter Canadian bays and harbors “for the purpose of shelter and of repairing damages therein, or purchasing wood, and of obtaining water, and for no other purpose whatever.” In 1886, The David J. Adams, an American fishing boat, entered Canadian waters to purchase fresh bait and was seized by Canadian authorities for allegedly violating the Treaty of 1818 and other Canadian legislation. A Canadian court condemned the ship for violating the treaty and legislation. The United States, on behalf of the ship’s owner, sought damages from Great Britain (defendant) on the ground that the seizure and condemnation of the ship were wrongful because they were based on an erroneous interpretation of the Treaty of 1818. The case was submitted to the Arbitral Tribunal. The British government argued that the Arbitral Tribunal was not competent to re-examine the Canadian court’s interpretation of the application of the Treaty.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 174,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.