Maritime Law How Maritime Law Works 2 — Questions and Answers
Question 1: Which court system has primary jurisdiction over maritime disputes in the United States?
- State civil courts
- Federal district courts sitting in admiralty (Correct answer)
- International Court of Justice
- U.S. Tax Court
Correct 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.
Question 2: What is the legal doctrine of 'laches' as applied in maritime law?
- A rule requiring ships to maintain watch at night
- A defense based on unreasonable delay in asserting a legal claim (Correct answer)
- A regulation governing anchor placement
- A requirement to display proper navigational lights
Correct 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.
Question 3: Under the Longshore and Harbor Workers' Compensation Act (LHWCA), who is primarily covered?
- Merchant mariners employed on vessels
- Longshoremen and harbor workers injured on navigable waters or adjoining areas (Correct answer)
- Recreational boaters injured at sea
- Offshore oil rig workers exclusively
Correct 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.
Question 4: What is a 'letter of protest' in maritime practice?
- A formal complaint filed with the Coast Guard about vessel safety
- A written notice preserving a party's right to claim damages for cargo loss or damage (Correct answer)
- An official objection to a port's docking fees
- A document revoking a captain's license
Correct 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.
Question 5: Which principle allows a shipowner to limit liability to the post-accident value of the vessel and its freight?
- The Hague-Visby Rules
- The Limitation of Liability Act of 1851 (Correct answer)
- The Carmack Amendment
- The Magnuson-Fishery Conservation Act
Correct 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.
Question 6: What does 'general average' mean in maritime law?
- The average speed of a vessel over an entire voyage
- A loss voluntarily incurred to save a ship that is shared proportionally among all cargo interests (Correct answer)
- The standard freight rate for bulk cargo on a given route
- An insurance payout split equally among all insurers
Correct 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.
Question 7: What is the primary purpose of a 'ship's manifest' under U.S. maritime law?
- To record the captain's daily log of weather conditions
- To list all cargo, passengers, and crew aboard a vessel for customs and regulatory purposes (Correct answer)
- To certify the vessel's seaworthiness before departure
- To document the insurance coverage carried by the vessel
Correct 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.
Maritime Law How Maritime Law Works 2
Which court system has primary jurisdiction over maritime disputes in the United States?