Ship Lawyer Maritime Law Fundamentals

Question 1

Which federal law grants U.S. district courts original jurisdiction over maritime and admiralty cases?

Accepted Answer

28 U.S.C. § 1333

Answer

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?

Accepted Answer

Saving to Suitors clause

Answer

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?

Accepted Answer

In Rem jurisdiction

Answer

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?

Accepted Answer

General Maritime Law

Answer

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?

Accepted Answer

Jerome B. Grubart v. Great Lakes Dredge

Answer

Jerome B. Grubart, Inc. v. Great Lakes Dredge & Dock Co. (1995) established the two-step test (nexus and location) for admiralty tort jurisdiction.

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