Maritime Law How Maritime Law Works 2

Question 1

Which court system has primary jurisdiction over maritime disputes in the United States?

Accepted Answer

Federal district courts sitting in admiralty

Answer

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?

Accepted Answer

A defense based on unreasonable delay in asserting a legal claim

Answer

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?

Accepted Answer

Longshoremen and harbor workers injured on navigable waters or adjoining areas

Answer

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?

Accepted Answer

A written notice preserving a party's right to claim damages for cargo loss or damage

Answer

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?

Accepted Answer

The Limitation of Liability Act of 1851

Answer

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.

Maritime Law Practice Test

Maritime Law Practice Test

Maritime Law How Maritime Law Works 2