How Maritime Law Works Flashcards
7 cards from real Maritime Law practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 How Maritime Law Works flashcards as text
Which court system has primary jurisdiction over maritime disputes in the United States?
Answer: Federal district courts sitting in admiralty
Federal district courts have exclusive admiralty jurisdiction under Article III of the U.S. Constitution and 28 U.S.C. § 1333.
What is the legal doctrine of 'laches' as applied in maritime law?
Answer: A defense based on unreasonable delay in asserting a legal claim
Laches bars a claim when a party unreasonably delays filing suit and the delay prejudices the opposing party, commonly applied in admiralty cases lacking a statute of limitations.
Under the Longshore and Harbor Workers' Compensation Act (LHWCA), who is primarily covered?
Answer: Longshoremen and harbor workers injured on navigable waters or adjoining areas
The LHWCA provides workers' compensation benefits to maritime workers who are not seamen, including longshoremen, ship repairers, and harbor workers.
What is a 'letter of protest' in maritime practice?
Answer: A written notice preserving a party's right to claim damages for cargo loss or damage
A letter of protest is issued by a ship's master or cargo owner to preserve the right to claim for damage or shortage discovered at the time of cargo delivery.
Which principle allows a shipowner to limit liability to the post-accident value of the vessel and its freight?
Answer: The Limitation of Liability Act of 1851
The Limitation of Liability Act of 1851 (46 U.S.C. § 30501 et seq.) allows vessel owners to limit their liability to the value of the vessel after an incident plus pending freight.
What does 'general average' mean in maritime law?
Answer: A loss voluntarily incurred to save a ship that is shared proportionally among all cargo interests
General average is a maritime principle where losses resulting from a voluntary sacrifice (e.g., jettisoning cargo) to save the ship are shared by all parties with cargo aboard.
What is the primary purpose of a 'ship's manifest' under U.S. maritime law?
Answer: To list all cargo, passengers, and crew aboard a vessel for customs and regulatory purposes
A ship's manifest is a comprehensive official document listing cargo details, passengers, and crew that must be presented to customs and port authorities.