Maritime Law Admiralty Jurisdiction and Courts 1 — Questions and Answers
Question 1: Which federal statute grants U.S. district courts original jurisdiction over admiralty and maritime cases?
- 28 U.S.C. § 1333 (Correct answer)
- 28 U.S.C. § 1332
- 46 U.S.C. § 30101
- 28 U.S.C. § 1331
Correct answer: 28 U.S.C. § 1333
28 U.S.C. § 1333 grants U.S. district courts original jurisdiction over any civil case of admiralty or maritime jurisdiction.
Question 2: Under the 'locality test,' a maritime tort must occur on navigable waters OR satisfy which additional prong under the modern test?
- Connection to maritime activity (Correct answer)
- Involvement of a foreign vessel
- Cause economic loss exceeding $75,000
- Occur within a port area
Correct answer: Connection to maritime activity
The modern test (Executive Jet, Sisson, Jerome B. Grubart) requires both a locality on navigable waters AND a sufficient connection to traditional maritime activity.
Question 3: What procedural mechanism allows a plaintiff to invoke admiralty jurisdiction in federal court without diversity of citizenship?
- Rule 9(h) designation (Correct answer)
- Forum non conveniens motion
- Rule 14(c) tender
- 28 U.S.C. § 1441 removal
Correct answer: Rule 9(h) designation
A plaintiff can invoke admiralty jurisdiction by including a Rule 9(h) designation in the complaint, identifying the claim as one in admiralty.
Question 4: The Savings to Suitors clause (28 U.S.C. § 1333) preserves a claimant's right to pursue a maritime claim in which court?
- State court using common law remedies (Correct answer)
- International Maritime Organization tribunal
- U.S. Court of International Trade
- Only federal district court
Correct answer: State court using common law remedies
The Savings to Suitors clause preserves a claimant's right to sue in state court for in personam maritime claims and obtain common-law remedies.
Question 5: An action in rem against a vessel is available under admiralty law primarily to enforce which type of claim?
- Maritime lien (Correct answer)
- General contract breach
- Personal injury on land
- Inland waterway permit violation
Correct answer: Maritime lien
In rem actions in admiralty allow a claimant holding a maritime lien to arrest the vessel itself as the defendant to secure the debt.
Question 6: Which doctrine allows a federal admiralty court to hear state-law claims that arise from the same nucleus of operative fact as a maritime claim?
- Supplemental jurisdiction
- Pendant party jurisdiction
- Ancillary jurisdiction
- Pendent admiralty jurisdiction (Correct answer)
Correct answer: Pendent admiralty jurisdiction
Pendent admiralty jurisdiction (now codified broadly as supplemental jurisdiction under 28 U.S.C. § 1367) allows related state claims to be heard alongside the admiralty claim.
Maritime Law Admiralty Jurisdiction and Courts 1
Which federal statute grants U.S. district courts original jurisdiction over admiralty and maritime cases?