Maritime Law Admiralty Jurisdiction and Courts 1

Question 1

Which federal statute grants U.S. district courts original jurisdiction over admiralty and maritime cases?

Accepted Answer

28 U.S.C. § 1333

Answer

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?

Accepted Answer

Connection to maritime activity

Answer

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?

Accepted Answer

Rule 9(h) designation

Answer

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?

Accepted Answer

State court using common law remedies

Answer

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?

Accepted Answer

Maritime lien

Answer

In rem actions in admiralty allow a claimant holding a maritime lien to arrest the vessel itself as the defendant to secure the debt.

Maritime Law Practice Test

Maritime Law Practice Test

Maritime Law Admiralty Jurisdiction and Courts 1