Florida Bar Admiralty & Maritime Law Certification Examination — Questions and Answers

Question 1: Which international convention governs the liability of ship operators for bunker oil pollution damage caused by non-tanker vessels?

The Bunkers Convention (International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001) (Correct answer)
OPA 90 (Oil Pollution Act)
MARPOL Annex I
The CLC Convention (Civil Liability Convention)

Correct answer: The Bunkers Convention (International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001)

The Bunkers Convention 2001 establishes strict liability on the registered owner of a ship for bunker oil pollution damage caused by vessels other than tankers, which are covered by the CLC.

Question 2: What is 'subrogation' in the context of marine insurance?

The insurer's option to repair rather than pay for a total loss
The insurer's right to step into the shoes of the insured and sue the party responsible for a covered loss (Correct answer)
The process of transferring a marine insurance policy to a new vessel owner
A clause that reduces the insured's coverage if the vessel is over-insured

Correct answer: The insurer's right to step into the shoes of the insured and sue the party responsible for a covered loss

Marine insurance subrogation allows the insurer, after paying a claim, to sue the third party responsible for the loss to recover what it paid.

Question 3: The principle of 'uberrimae fidei' (utmost good faith) in marine insurance requires the insured to:

Submit to independent survey before coverage attaches
Disclose all material facts known to them before the policy is issued (Correct answer)
Accept the insurer's valuation of the vessel without dispute
Maintain classification society certification throughout the policy term

Correct answer: Disclose all material facts known to them before the policy is issued

Utmost good faith obligates the insured to voluntarily disclose all material information that might affect the insurer's decision to underwrite or the premium charged.

Question 4: In marine insurance, 'average' refers to:

The insurer's claims settlement formula
The mean value of similar vessels for underwriting purposes
A partial loss or damage, as distinguished from a total loss (Correct answer)
Pro-rated premium for mid-term policy cancellation

Correct answer: A partial loss or damage, as distinguished from a total loss

In marine insurance terminology, 'average' means a partial loss — either particular average (affecting only specific interests) or general average (shared by all voyage interests).

Question 5: Under SCOPIC, the 'standard rate' for salvage services is based on:

The market rate for equivalent commercial diving or towing services
Tariff rates for equipment and personnel published in the SCOPIC schedule (Correct answer)
A percentage of the salved fund calculated by Lloyd's arbitrators
The salvor's actual documented costs plus a 15% overhead allowance

Correct answer: Tariff rates for equipment and personnel published in the SCOPIC schedule

SCOPIC compensation is calculated using the SCOPIC tariff schedule, which sets standard hourly/daily rates for different types of salvage craft, equipment, and personnel.

Question 6: What does MARPOL 73/78 regulate?

Collision regulations and navigational rules for vessels at sea
Minimum wage standards for international seafarers
Procedures for registering vessels in international shipping registries
Pollution of the marine environment by ships, including oil, chemicals, sewage, and garbage (Correct answer)

Correct answer: Pollution of the marine environment by ships, including oil, chemicals, sewage, and garbage

MARPOL (International Convention for the Prevention of Pollution from Ships) is the main international treaty governing pollution prevention from ships, covering six categories of pollutants in its annexes.

Question 7: What is the 'fellow servant rule' and why is it largely inapplicable to Jones Act seamen?

It prevents seamen from suing foreign crew members in U.S. courts; the Jones Act created a federal forum for such claims
It requires seamen to arbitrate disputes with fellow crew members before filing suit
It barred workers from suing employers for co-worker negligence at common law; the Jones Act abolished this defense for seamen (Correct answer)
It limits punitive damages when a crew member's negligence contributed to another's injury

Correct answer: It barred workers from suing employers for co-worker negligence at common law; the Jones Act abolished this defense for seamen

The fellow servant rule was a common law defense that barred employees from recovering for injuries caused by a co-worker's negligence; the Jones Act, modeled on FELA, eliminates this defense for qualifying seamen.

Question 8: Under the Jones Act (46 U.S.C. § 30104), a seaman may sue the employer for negligence and:

Is limited to maintenance and cure only
Is barred from suit if the injury occurred on foreign waters
Must arbitrate the claim under the collective bargaining agreement
May recover damages for pain, suffering, and lost wages with contributory negligence reducing but not barring recovery (Correct answer)

Correct answer: May recover damages for pain, suffering, and lost wages with contributory negligence reducing but not barring recovery

The Jones Act allows injured seamen to sue employers for negligence, with contributory negligence reducing recovery proportionally under a comparative fault system rather than barring the claim.

Question 9: A seaman who is willfully injured or whose injury results solely from their own intoxication may have which remedy affected?

LHWCA coverage replaces Jones Act remedies in such cases
The unseaworthiness claim is reduced proportionately
The Jones Act claim is automatically barred
Maintenance and cure may be forfeited for willful misbehavior or intoxication causing the injury (Correct answer)

Correct answer: Maintenance and cure may be forfeited for willful misbehavior or intoxication causing the injury

While maintenance and cure is a near-absolute right, a seaman can forfeit it by willful misbehavior or by being injured solely through their own intoxication.

Question 10: The Longshore and Harbor Workers' Compensation Act (LHWCA, 33 U.S.C. § 901 et seq.) provides workers' compensation coverage to:

Maritime workers who are not seamen, performing work on navigable waters or in adjoining areas (Correct answer)
Dock workers covered by state workers' compensation only
All maritime workers including seamen aboard vessels
Offshore oil platform workers under the Outer Continental Shelf Lands Act exclusively

Correct answer: Maritime workers who are not seamen, performing work on navigable waters or in adjoining areas

The LHWCA covers non-seaman maritime workers such as longshoremen, ship repairers, and harbor workers who perform work on or adjacent to navigable waters.

Question 11: Under U.S. law, a shipbroker who negotiates a charter party on behalf of a principal is generally entitled to commission from:

The port agent handling the fixture
Only the shipowner, as the vessel is the subject of the contract
Both the owner and charterer equally
The party who employed the broker unless the charter provides otherwise (Correct answer)

Correct answer: The party who employed the broker unless the charter provides otherwise

Commission entitlement in maritime brokerage follows the employment relationship — the broker is paid by the party who retained them, though charter parties often specify the commission arrangement explicitly.

Question 12: An action in rem against a vessel is available under admiralty law primarily to enforce which type of claim?

Inland waterway permit violation
General contract breach
Personal injury on land
Maritime lien (Correct answer)

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 13: The 'demise' or 'bareboat' charter transfers which responsibilities to the charterer?

Cargo loading and discharge only
Full possession, crewing, and navigation of the vessel (Correct answer)
Only commercial employment decisions
Freight collection from sub-charterers

Correct answer: Full possession, crewing, and navigation of the vessel

A bareboat charter transfers full possession, control, crewing, and navigation to the charterer, making the charterer the vessel's pro hac vice owner.

Question 14: Under U.S. law, which category of workers is generally NOT entitled to claim a salvage award?

Crew members of the vessel in distress (Correct answer)
Crew of a passing vessel that voluntarily assists
Professional salvors under a Lloyd's Open Form
Coast Guard personnel acting in their official duty

Correct answer: Crew members of the vessel in distress

Crew members of the distressed vessel generally cannot claim salvage for duties that fall within their employment obligations to save the ship.

Question 15: When a marine insurer pays a total loss claim, it acquires the insured's rights against third parties through:

Subrogation (Correct answer)
Abandonment
Assignment of proceeds
Novation of the contract

Correct answer: Subrogation

Subrogation allows the insurer who has paid a loss to step into the insured's shoes and pursue recovery from the party responsible for the loss.

Question 16: Which Supreme Court decision held that state punitive damages awards in maritime cases are governed by federal admiralty law, not state law?

Atlantic Sounding Co. v. Townsend
Miles v. Apex Marine Corp.
Exxon Shipping Co. v. Baker (Correct answer)
Batterton v. Dutra Group

Correct answer: Exxon Shipping Co. v. Baker

Exxon Shipping Co. v. Baker (2008) addressed the availability and ratio of punitive damages in maritime cases and confirmed federal admiralty law governs the issue.

Question 17: In maritime salvage law, what must a salvor prove to claim a salvage award?

The salvor incurred expenses exceeding $50,000
The vessel owner requested the salvage services in writing
The vessel was insured at the time of the salvage operation
Maritime peril, voluntary service not owed by duty, and success in saving the vessel or cargo (Correct answer)

Correct answer: Maritime peril, voluntary service not owed by duty, and success in saving the vessel or cargo

A valid salvage claim requires proof of maritime peril threatening the property, voluntary service rendered without a pre-existing duty, and at least partial success in saving the property.

Question 18: The 'inchmaree clause' (Additional Perils Clause) extends hull coverage to include damage caused by:

War and piracy risks
Cargo shifting and overloading
Latent defects, negligence of crew, and bursting of boilers (Correct answer)
Environmental pollution liability

Correct answer: Latent defects, negligence of crew, and bursting of boilers

Named after the vessel Inchmaree, this clause expanded hull coverage to include losses from latent defects, negligence of masters or crew, and mechanical accidents not caused by a named peril.

Question 19: What distinguishes an 'in rem' action from an 'in personam' action in admiralty law?

In rem actions are filed in state court; in personam actions are filed in federal court
In rem actions are limited to cargo claims; in personam actions cover personal injury only
In rem actions are brought against the vessel itself as defendant; in personam actions are brought against the owner or operator personally (Correct answer)
In rem actions require a jury; in personam admiralty actions are always tried by a judge

Correct answer: In rem actions are brought against the vessel itself as defendant; in personam actions are brought against the owner or operator personally

An in rem admiralty action names the vessel as the defendant and is used to enforce a maritime lien by arresting the ship, while an in personam action seeks a personal judgment against an individual or entity.

Question 20: What is a 'maritime lien' and what right does it grant?

A creditor's right to arrest the shipowner personally
A government lien on vessels for unpaid port fees only
A claim against a vessel that follows the ship regardless of ownership changes (Correct answer)
A lien on cargo held at port pending payment of freight

Correct answer: A claim against a vessel that follows the ship regardless of ownership changes

A maritime lien is a privileged claim upon a vessel that attaches to the ship itself and survives changes in ownership, enforceable through an in rem action.

Question 21: 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?

Pendant party jurisdiction
Supplemental jurisdiction
Pendent admiralty jurisdiction (Correct answer)
Ancillary jurisdiction

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.

Question 22: What procedural mechanism allows a plaintiff to invoke admiralty jurisdiction in federal court without diversity of citizenship?

Rule 14(c) tender
28 U.S.C. § 1441 removal
Forum non conveniens motion
Rule 9(h) designation (Correct answer)

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 23: Which type of marine insurance policy covers cargo owners for loss or damage to goods during transit?

Freight insurance
Protection and Indemnity (P&I) Club coverage
Hull and Machinery (H&M) policy
Cargo (marine cargo insurance) (Correct answer)

Correct answer: Cargo (marine cargo insurance)

Marine cargo insurance protects the cargo owner against physical loss or damage to goods while in transit by sea, air, or land.

Question 24: Under Supplemental Admiralty Rule B, what triggers the availability of maritime attachment?

The defendant cannot be found within the district (Correct answer)
The plaintiff lacks diversity citizenship
The claim exceeds $10,000
The vessel is foreign-flagged

Correct answer: The defendant cannot be found within the district

Supplemental Rule B allows attachment of a defendant's property within the district when the defendant cannot be found (i.e., served with process) there.

Question 25: The 'Notice of Readiness' (NOR) in charter party law serves what primary purpose?

Notifies customs authorities of a vessel's arrival
Confirms the cargo has been properly stowed
Advises the port authority of the vessel's departure
Formally informs the charterer that the vessel is ready to load or discharge (Correct answer)

Correct answer: Formally informs the charterer that the vessel is ready to load or discharge

A NOR is a formal notice from the master to the charterer that the vessel has arrived and is ready to commence cargo operations, typically triggering the laytime clock.

Question 26: Under the Longshore and Harbor Workers' Compensation Act (LHWCA), who is covered?

Only workers employed by U.S.-flagged shipping companies
All seamen injured aboard vessels
Federal employees working at naval shipyards
Maritime workers injured on navigable waters or adjoining areas who are not seamen (Correct answer)

Correct answer: Maritime workers injured on navigable waters or adjoining areas who are not seamen

The LHWCA provides workers' compensation to maritime employees (longshoremen, ship repairers, harbor workers) who don't qualify as seamen under the Jones Act.

Question 27: The term 'proctors in admiralty' historically referred to whom?

Customs brokers for maritime cargo
Attorneys practicing in admiralty courts (Correct answer)
Licensed harbor pilots
Ship classification society surveyors

Correct answer: Attorneys practicing in admiralty courts

Proctors in admiralty were the lawyers who practiced before admiralty courts, equivalent to solicitors in other courts.

Question 28: Under U.S. law, what is the statute of limitations for a personal injury claim under the Jones Act?

2 years
3 years (Correct answer)
1 year
5 years

Correct answer: 3 years

Jones Act personal injury claims must be filed within 3 years of the date of injury, mirroring the statute of limitations for Federal Employers' Liability Act (FELA) claims.

Question 29: The Special Compensation P&I Club (SCOPIC) clause modifies 'no cure, no pay' by providing a salvor with:

Immunity from pollution liability during salvage operations
A minimum safety net payment even when the salvage operation fails to save property (Correct answer)
Guaranteed profit sharing on successful salvage awards
Priority over other maritime lienholders for payment

Correct answer: A minimum safety net payment even when the salvage operation fails to save property

SCOPIC provides salvors with a minimum rate-based compensation to encourage them to engage in environmentally sensitive salvages where the property value may be low but pollution risk is high.

Question 30: Under a voyage charter, who typically pays for the port costs at the loading and discharging ports?

Always the shipowner
Always the charterer
It depends on the charter terms (FIOST clauses) (Correct answer)
Always split equally between both parties

Correct answer: It depends on the charter terms (FIOST clauses)

Port cost allocation depends on charter terms — FIOST (Free In and Out, Stowed, Trimmed) clauses specify which party bears loading, stowing, and discharge costs.

Question 31: The 'laytime' provision in a voyage charter refers to:

The total voyage duration including sea passage
The grace period before demurrage begins accruing
The agreed time allowed for loading and discharging cargo (Correct answer)
Time lost waiting for a berth at anchorage

Correct answer: The agreed time allowed for loading and discharging cargo

Laytime is the contractually agreed period during which the charterer may load and discharge cargo without paying additional charges.

Question 32: Under U.S. maritime law, which remedy is available to an injured seaman for medical care and living expenses until maximum medical improvement?

Supplemental Security Income (SSI)
State workers' compensation benefits
Cure and maintenance (Correct answer)
Punitive damages under COGSA

Correct answer: Cure and maintenance

An injured seaman is entitled to 'maintenance' (a daily living allowance) and 'cure' (payment of reasonable medical expenses) from the vessel owner until the seaman reaches maximum medical improvement.

Florida Bar Admiralty & Maritime Law Certification Examination

A Florida Bar board certification exam testing attorneys' specialized knowledge of admiralty jurisdiction, maritime practice and procedure, marine insurance, maritime personal injury, the Jones Act, maritime contracts, liens, and salvage law. Consists of multiple-choice questions and fact-pattern scenarios.

Questions

45 min

Time Limit

70%

To Pass

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