Ship Lawyer Maritime Law Fundamentals 1 — Questions and Answers
Question 1: Which federal law grants U.S. district courts original jurisdiction over maritime and admiralty cases?
- 28 U.S.C. § 1333 (Correct answer)
- 46 U.S.C. § 30101
- 33 U.S.C. § 901
- 28 U.S.C. § 1331
Correct answer: 28 U.S.C. § 1333
28 U.S.C. § 1333 grants federal district courts original jurisdiction over civil cases involving admiralty and maritime matters.
Question 2: What doctrine allows a maritime plaintiff to choose between filing in admiralty court or common law court when both jurisdictions are available?
- Saving to Suitors clause (Correct answer)
- Erie Doctrine
- Forum Non Conveniens
- In Rem Jurisdiction
Correct answer: Saving to Suitors clause
The Saving to Suitors clause in 28 U.S.C. § 1333 preserves a plaintiff's right to pursue common law remedies in state or federal court.
Question 3: Which principle of maritime law holds the ship itself liable for a maritime claim, regardless of ownership changes?
- In Rem jurisdiction (Correct answer)
- In Personam jurisdiction
- Quasi In Rem jurisdiction
- Forum selection
Correct answer: In Rem jurisdiction
In Rem jurisdiction allows a maritime lien claimant to sue the vessel itself, and the lien follows the ship even if ownership changes.
Question 4: What is the primary body of federal common law governing maritime disputes in the United States?
- General Maritime Law (Correct answer)
- Uniform Commercial Code
- Restatement of Torts
- Federal Rules of Civil Procedure
Correct answer: General Maritime Law
General Maritime Law is the federal common law developed by U.S. courts to govern maritime disputes, supplemented by federal statutes.
Question 5: Which Supreme Court case established the three-part test for determining whether a tort has a sufficient nexus to maritime activity?
- Sisson v. Ruby
- Executive Jet Aviation v. Cleveland
- Foremost Insurance Co. v. Richardson
- Jerome B. Grubart v. Great Lakes Dredge (Correct answer)
Correct answer: Jerome B. Grubart v. Great Lakes Dredge
Jerome B. Grubart, Inc. v. Great Lakes Dredge & Dock Co. (1995) established the two-step test (nexus and location) for admiralty tort jurisdiction.
Question 6: What term describes a maritime lien that arises automatically by operation of law without any agreement between the parties?
- Preferred maritime lien (Correct answer)
- Possessory lien
- Contractual lien
- Equitable lien
Correct answer: Preferred maritime lien
A preferred maritime lien arises by operation of law on specific claims such as wages, salvage, and tort damages without requiring a contractual agreement.
Ship Lawyer Maritime Law Fundamentals 1
Which federal law grants U.S. district courts original jurisdiction over maritime and admiralty cases?