Admiralty & Maritime Law (Ship Lawyer) Certification Examination — Questions and Answers

Question 1: What is an 'informal conference' under the LHWCA dispute resolution process?

A non-binding meeting conducted by a claims examiner to help resolve disputed LHWCA claims before formal hearing (Correct answer)
A mandatory settlement conference before an ALJ
An administrative appeal after an ALJ decision
A mediation required before filing a claim

Correct answer: A non-binding meeting conducted by a claims examiner to help resolve disputed LHWCA claims before formal hearing

An informal conference is a voluntary process conducted by a Department of Labor claims examiner to facilitate resolution of disputed LHWCA claims without the need for formal hearing.

Question 2: What is the 'Himalaya clause' in maritime cargo contracts?

A provision for force majeure events
A clause governing perishable cargo handling
A clause extending the carrier's defenses and liability limits to stevedores and sub-contractors (Correct answer)
A clause requiring cargo to be insured

Correct answer: A clause extending the carrier's defenses and liability limits to stevedores and sub-contractors

A Himalaya clause extends the carrier's COGSA defenses and liability limitations to agents, servants, and independent contractors (like stevedores) who assist in the performance of the contract.

Question 3: If a seaman dies from a vessel injury within U.S. territorial waters, the lawyer may rely on which Jones Act feature?

Only a maintenance claim
A survival and wrongful death action for the seaman's beneficiaries (Correct answer)
No remedy exists
Criminal prosecution only

Correct answer: A survival and wrongful death action for the seaman's beneficiaries

The Jones Act provides wrongful death and survival remedies for a seaman's eligible beneficiaries.

Question 4: What is a 'maritime attachment and garnishment' under Supplemental Rule B used to accomplish?

Attach a defendant's property located in the district to obtain jurisdiction and secure potential judgment (Correct answer)
Garnish a seaman's wages for debt collection
Attach cargo during a dispute
Freeze a vessel's bank accounts

Correct answer: Attach a defendant's property located in the district to obtain jurisdiction and secure potential judgment

Rule B attachment is used to seize property of an absent defendant to obtain quasi in rem jurisdiction and provide security for a potential judgment on the maritime claim.

Question 5: What is a 'bareboat' or 'demise' charter in maritime law?

A charter that includes the crew but not the fuel
A charter where the charterer takes complete possession and control of the vessel, including crewing (Correct answer)
A short-term vessel rental for day trips
A charter for a vessel without cargo

Correct answer: A charter where the charterer takes complete possession and control of the vessel, including crewing

A bareboat (demise) charter transfers complete possession and control of the vessel to the charterer, who supplies the crew and operates the vessel as if they were the owner.

Question 6: What is the role of an Administrative Law Judge (ALJ) in LHWCA claims?

To conduct formal hearings and issue decisions on disputed LHWCA claims (Correct answer)
To investigate maritime accidents
To determine vessel seaworthiness
To assess penalties against employers

Correct answer: To conduct formal hearings and issue decisions on disputed LHWCA claims

When LHWCA claims are contested, they are referred to the Department of Labor's Office of Administrative Law Judges, where an ALJ conducts a formal hearing and issues a compensation order.

Question 7: What maritime law principle requires the sharing of collision losses between vessels based on their comparative fault?

Last clear chance
Contributory negligence bar
Comparative fault allocation (Correct answer)
Assumption of risk

Correct answer: Comparative fault allocation

Under the Supreme Court's ruling in United States v. Reliable Transfer Co. (1975), collision damages are allocated between vessels in proportion to their comparative fault.

Question 8: A ship accident lawyer evaluating a punitive damages claim in a maintenance and cure case must show the owner's denial was:

Willful, arbitrary, or in bad faith (Correct answer)
Reasonable
Prompt
Based on a doctor's note

Correct answer: Willful, arbitrary, or in bad faith

Punitive damages for maintenance and cure require willful or bad-faith denial of owed benefits.

Question 9: Under the Jones Act, which party has the burden of proving that the seaman qualifies for seaman status?

The vessel owner
The employer/defendant
The seaman/plaintiff (Correct answer)
The court determines this sua sponte

Correct answer: The seaman/plaintiff

The seaman bears the burden of establishing that they meet the legal definition of a seaman and are entitled to Jones Act protections.

Question 10: What distinguishes a 'time charter' from a 'voyage charter' in maritime contract law?

A time charter covers cargo while a voyage charter covers the ship
A time charter hires the vessel for a fixed period while a voyage charter hires it for a specific voyage (Correct answer)
A voyage charter is longer term than a time charter
A time charter transfers ownership while a voyage charter does not

Correct answer: A time charter hires the vessel for a fixed period while a voyage charter hires it for a specific voyage

Under a time charter, the charterer hires the vessel and crew for a specified period; under a voyage charter, the charterer hires the vessel for a specific voyage between defined ports.

Question 11: What is the time limit within which a shipowner must file a Limitation of Liability Act petition after receiving written notice of a claim?

30 days
1 year
6 months (Correct answer)
3 months

Correct answer: 6 months

A shipowner must file a limitation petition within 6 months of receiving written notice of a claim, or risk losing the right to limitation.

Question 12: What is 'off-hire' in a time charter and what events typically trigger it?

When the vessel is anchored during bad weather
A period during which the charterer does not pay hire because the vessel cannot perform its contracted service (Correct answer)
A scheduled maintenance period
Time spent in a foreign port

Correct answer: A period during which the charterer does not pay hire because the vessel cannot perform its contracted service

Off-hire occurs when a vessel becomes unavailable for the charterer's use due to breakdown, drydocking, or other specified causes, and the charterer stops paying the daily hire rate during that period.

Question 13: What document must be filed to commence an admiralty action in federal district court?

A libel in admiralty
A maritime petition
A verified complaint designating the action as one in admiralty under Rule 9(h) (Correct answer)
A standard civil complaint

Correct answer: A verified complaint designating the action as one in admiralty under Rule 9(h)

An admiralty action is commenced by filing a verified complaint that designates the claim as one in admiralty pursuant to Federal Rule of Civil Procedure 9(h).

Question 14: What is the role of a 'maritime referee' or special master in complex admiralty cases?

To negotiate settlements between parties
To inspect vessels on behalf of the court
To issue preliminary injunctions
To hear evidence and recommend findings on complex factual issues such as damages or lien priority (Correct answer)

Correct answer: To hear evidence and recommend findings on complex factual issues such as damages or lien priority

In complex admiralty matters, courts may appoint a special master or maritime referee to hear evidence and make recommendations on intricate issues such as damages calculations or competing lien priorities.

Question 15: What is 'general average' in admiralty law?

An average cargo weight calculation
The mean speed of a vessel
Shared loss when cargo is sacrificed to save the voyage (Correct answer)
A standard freight rate

Correct answer: Shared loss when cargo is sacrificed to save the voyage

General average requires all parties to share proportionally in losses from voluntary sacrifice for common safety.

Question 16: What is the 'necessaries' doctrine in maritime lien law?

Emergency repairs create a superior lien
Cargo that is necessary for ballast receives lien protection
Suppliers of goods and services necessary for a vessel's operation acquire a maritime lien on the vessel (Correct answer)
Shipowners must provide necessary supplies to seamen

Correct answer: Suppliers of goods and services necessary for a vessel's operation acquire a maritime lien on the vessel

Under the necessaries doctrine, those who furnish goods, services, or materials necessary to keep a vessel operating (fuel, repairs, provisions) obtain a maritime lien even without a contract with the vessel owner.

Question 17: Why would a maritime lawyer consider whether to file in federal court under admiralty jurisdiction versus state court?

Forum choice affects available remedies, jury rights, and procedural rules (Correct answer)
State court bans maritime cases
Federal court is always cheaper
It makes no difference

Correct answer: Forum choice affects available remedies, jury rights, and procedural rules

The 'saving to suitors' clause lets plaintiffs choose forums, which impacts juries, remedies, and procedure.

Question 18: What is a 'ship mortgage' under U.S. maritime law and what statute governs it?

A chattel mortgage under state law
A standard real property mortgage applied to vessels
An admiralty lien for unpaid vessel purchase price
A preferred ship mortgage under the Commercial Instruments and Maritime Liens Act (CIMLA) (Correct answer)

Correct answer: A preferred ship mortgage under the Commercial Instruments and Maritime Liens Act (CIMLA)

A preferred ship mortgage is a recorded lien on a U.S.-flag vessel created pursuant to CIMLA (46 U.S.C. §§ 31321-31330), giving the mortgagee a priority claim on the vessel.

Question 19: What is 'forum non conveniens' and how does it apply in maritime cases?

A constitutional limit on admiralty jurisdiction
A doctrine allowing courts to dismiss cases better litigated in a more convenient foreign forum (Correct answer)
A requirement to consolidate related maritime cases
A rule requiring cases to be heard in the district where the injury occurred

Correct answer: A doctrine allowing courts to dismiss cases better litigated in a more convenient foreign forum

Forum non conveniens allows a federal court to dismiss a maritime case in favor of a foreign forum that is more appropriate, considering factors like witness availability and applicable law.

Question 20: In admiralty practice, what does 'security for costs' typically require?

Only foreign plaintiffs must post security
A plaintiff may be required to post a bond to cover potential costs if the case is lost (Correct answer)
The defendant posts bond for all litigation costs
Security is posted with the admiralty clerk

Correct answer: A plaintiff may be required to post a bond to cover potential costs if the case is lost

In admiralty proceedings, courts may require a plaintiff — especially a foreign party — to post security for costs to protect the defendant against potential cost awards.

Question 21: What is 'unearned wages' as a component of the maintenance and cure obligation?

Wages owed for the remainder of the voyage during which the seaman was injured (Correct answer)
Bonus payments at voyage end
Overtime wages for pre-injury work
Wages for future voyages

Correct answer: Wages owed for the remainder of the voyage during which the seaman was injured

Unearned wages are the wages a seaman would have earned for the remainder of the voyage if not disabled by illness or injury during the voyage.

Question 22: What is the Defense Base Act (DBA) and how does it relate to the LHWCA?

The DBA is a separate workers' comp system for Coast Guard workers
The DBA extends LHWCA benefits to overseas civilian contractors working on military bases (Correct answer)
The DBA provides additional benefits for naval workers
The DBA covers workers injured defending a vessel

Correct answer: The DBA extends LHWCA benefits to overseas civilian contractors working on military bases

The Defense Base Act extends the LHWCA's benefits and procedures to U.S. civilian contractors working outside the United States on military bases or under government contracts.

Question 23: Which convention addresses prevention of pollution from ships, including garbage and sewage?

MARPOL (Correct answer)
SOLAS
COLREGs
STCW

Correct answer: MARPOL

MARPOL is the principal convention preventing marine pollution from operational and accidental discharges.

Question 24: What is the significance of a 'preferred maritime lien' in vessel arrest proceedings?

It can only be enforced in federal court
It is paid last after all other secured creditors
It has priority over all other liens and ship mortgages in the distribution of sale proceeds (Correct answer)
It requires a separate court filing to be enforced

Correct answer: It has priority over all other liens and ship mortgages in the distribution of sale proceeds

Preferred maritime liens (wages, salvage, tort claims) have statutory priority over ship mortgages and other liens in the distribution of proceeds from a vessel sale.

Question 25: What procedural rule governs the enforcement of arbitration clauses in maritime contracts under federal law?

Admiralty courts have exclusive power over maritime arbitration
Maritime arbitration is governed solely by international conventions
State arbitration laws govern all maritime disputes
The Federal Arbitration Act (FAA) applies unless there is a specific admiralty exception (Correct answer)

Correct answer: The Federal Arbitration Act (FAA) applies unless there is a specific admiralty exception

The Federal Arbitration Act applies to maritime contracts, requiring courts to enforce valid arbitration clauses unless a specific maritime law exception applies.

Question 26: What is the maximum compensation period for permanent partial disability under the LHWCA's scheduled award provisions?

10 years
It varies by body part lost, with specific numbers of weeks assigned to each member (Correct answer)
Until retirement age
500 weeks maximum regardless of injury

Correct answer: It varies by body part lost, with specific numbers of weeks assigned to each member

The LHWCA's schedule in Section 8(c) assigns a specific number of compensation weeks to each scheduled body part (e.g., 312 weeks for an arm, 288 weeks for a leg).

Question 27: A lawyer's duty of candor requires that, when a client exaggerates an injury, the lawyer must:

Present the exaggeration as fact
Coach the client to lie
Withdraw without notice
Refuse to offer evidence the lawyer knows is false (Correct answer)

Correct answer: Refuse to offer evidence the lawyer knows is false

The duty of candor prohibits knowingly presenting false evidence or testimony to the tribunal.

Question 28: What is a 'letter of indemnity' (LOI) in maritime cargo practice and what risk does it create?

A document where a shipper indemnifies a carrier for releasing cargo without presenting the original bill of lading (Correct answer)
A guarantee of cargo quality
Insurance documentation
A customs clearance document

Correct answer: A document where a shipper indemnifies a carrier for releasing cargo without presenting the original bill of lading

A letter of indemnity allows cargo release without presentation of the original bill of lading, but creates risk for the carrier if a legitimate bill holder later presents the original and claims cargo.

Question 29: What is 'demurrage' in shipping law?

A cargo insurance premium
Compensation for exceeding agreed laytime (Correct answer)
A port docking fee
A fuel surcharge

Correct answer: Compensation for exceeding agreed laytime

Demurrage is the sum payable to the shipowner when cargo operations exceed the agreed laytime.

Question 30: What is a 'forum selection clause' in a bill of lading and how do courts treat it?

A clause requiring arbitration of all disputes
A provision limiting the carrier's liability
A requirement to file claims within 1 year
A contractual provision designating where disputes must be litigated, generally enforced in maritime cases (Correct answer)

Correct answer: A contractual provision designating where disputes must be litigated, generally enforced in maritime cases

Forum selection clauses in bills of lading designate a specific court or country for dispute resolution and are generally enforced by U.S. courts in maritime cases under The Bremen v. Zapata decision.

Question 31: What is 'custodia legis' in the context of an arrested vessel?

The plaintiff's attorney controls the vessel
The vessel is in the custody of the court and the marshal (Correct answer)
The port authority holds the vessel
The ship's captain retains control

Correct answer: The vessel is in the custody of the court and the marshal

When a vessel is arrested under Rule C, it comes into custodia legis — the custody of the law — under the supervision of the U.S. Marshal's Service.

Question 32: What is 'subrogation' as it applies to a cargo insurer after paying a claim?

The transfer of title to damaged cargo from the insured to the insurer as part of the claims settlement
The insurer's legal right to step into the insured's shoes and pursue the responsible party—such as the carrier—to recover the amount paid (Correct answer)
The substitution of replacement cargo arranged by the insurer after a total loss
The insured's right to reject the insurer's settlement offer and pursue a higher award in court

Correct answer: The insurer's legal right to step into the insured's shoes and pursue the responsible party—such as the carrier—to recover the amount paid

After paying a cargo claim, the insurer is subrogated to the insured's rights and can sue the carrier or other responsible party in the insured's name to recoup the paid indemnity.

Question 33: What is the difference between American state courts and admiralty law?

State personal injury laws are better than Admiralty law.
There is no difference.
Admiralty law is simpler than state personal injury laws.
Admiralty law is very different than state personal injury laws. (Correct answer)

Correct answer: Admiralty law is very different than state personal injury laws.

Admiralty law operates under a distinct set of rules and precedents compared to state personal injury laws. For instance, statutes of limitations, duties of care, and available damages can differ significantly in maritime cases. These differences mean that legal strategies and outcomes for injuries at sea are often unique and require specialized legal expertise.

Question 34: What is the 'interlocutory sale' of an arrested vessel, and when is it ordered?

A sale ordered at the end of the case
A sale to pay crew wages only
A voluntary sale by the shipowner
A court-ordered sale before final judgment when the vessel is deteriorating or costs are accruing (Correct answer)

Correct answer: A court-ordered sale before final judgment when the vessel is deteriorating or costs are accruing

An interlocutory sale is a court-ordered sale of an arrested vessel before the case is fully resolved, typically when the vessel is deteriorating, expensive to maintain, or the owner cannot post security.

Question 35: What penalty can a shipowner face for arbitrarily refusing to pay maintenance and cure?

Only the owed maintenance amount
Compensatory damages plus attorney's fees and possibly punitive damages (Correct answer)
A civil fine from the Coast Guard
Criminal prosecution under maritime law

Correct answer: Compensatory damages plus attorney's fees and possibly punitive damages

An employer who arbitrarily or willfully refuses to pay maintenance and cure may be liable for compensatory damages, attorney's fees, and punitive damages.

Question 36: What is the effect of a 'consent order' in an admiralty limitation proceeding?

It establishes the limitation fund amount
It transfers venue to state court
It allows the shipowner to litigate claims in their original forums while the limitation fund remains protected (Correct answer)
It dismisses all claimants from the proceeding

Correct answer: It allows the shipowner to litigate claims in their original forums while the limitation fund remains protected

When claimants enter a consent order in a limitation proceeding, they agree to certain conditions — typically not to seek more than the limitation fund — allowing cases to proceed in other courts.

Question 37: Under U.S. law, who is authorized to create a maritime lien by ordering necessaries for a vessel?

Only the charterer when in physical possession
The owner, charterer, ship's husband, master, and any person authorized by any of them (Correct answer)
Only the registered vessel owner
Only the ship's master

Correct answer: The owner, charterer, ship's husband, master, and any person authorized by any of them

CIMLA presumes that the owner, managing owner, ship's husband, master, or charterer has authority to bind the vessel for necessaries, creating a maritime lien.

Question 38: If you sustain a serious injury on a cruise ship, what type of doctor will be employed on that particular ship?

A doctor that is specific to the cruise line company. (Correct answer)
A doctor that speaks the language of the country you are visiting.
A doctor that is certified in Wilderness First Aid.
A doctor that is familiar with the terrain of the place you are visiting.

Correct answer: A doctor that is specific to the cruise line company.

Cruise ships typically employ doctors who are contractors or employees of the cruise line company itself, rather than independent practitioners or doctors affiliated with local land-based medical systems. These doctors operate under the cruise line's protocols and are primarily focused on providing immediate medical care to passengers and crew while at sea.

Question 39: What is a 'letter of indemnity' (LOI) commonly used for in international cargo shipping?

To compensate the carrier for voyage delays attributable to the shipper's late delivery of cargo
To indemnify the shipper against customs duty assessments by importing country authorities
To transfer the carrier's cargo liability to the freight forwarder or terminal operator
To induce a carrier to release cargo at destination without presentation of the original bill of lading (Correct answer)

Correct answer: To induce a carrier to release cargo at destination without presentation of the original bill of lading

A letter of indemnity is issued to persuade a carrier to deliver cargo without the original bill of lading (often delayed in the banking chain), with the issuing party indemnifying the carrier against any resulting claims.

Question 40: Does the obligation to pay maintenance and cure arise under a contract or by operation of law?

By operation of law — it is imposed regardless of any contract terms (Correct answer)
Only if specified in the employment contract
By collective bargaining agreement terms
By federal regulation from the Coast Guard

Correct answer: By operation of law — it is imposed regardless of any contract terms

Maintenance and cure is imposed by maritime law as a matter of public policy, arising by operation of law regardless of whether the employment contract addresses it.

Question 41: Following the Supreme Court's decision in Scindia Steam Navigation Co. v. De Los Santos, what duties does a vessel owner owe to LHWCA workers?

The same duties owed to Jones Act seamen
The turnover duty, active operations duty, and the duty to intervene (Correct answer)
Only the duty of reasonable care
Only the duty to maintain safe gangways

Correct answer: The turnover duty, active operations duty, and the duty to intervene

Scindia established three vessel owner duties to LHWCA workers: the turnover duty (safe condition at commencement of work), active operations duty (safe conditions during work), and the duty to intervene in known dangerous conditions.

Question 42: Why is it important to prepare for the worst when going on a dream vacation?

So you don't have to worry about it
So you can have fun
So you can be a responsible traveler (Correct answer)
So you can be prepared

Correct answer: So you can be a responsible traveler

Preparing for potential issues on a dream vacation, such as understanding insurance or emergency procedures, demonstrates responsible travel. It means you are proactively considering your safety and well-being, as well as the potential impact of unforeseen circumstances. This foresight allows you to mitigate risks and handle problems effectively, ensuring a smoother experience even if things go wrong.

Question 43: Under Rule C of the Supplemental Rules for Admiralty, what is the proper procedure to arrest a vessel?

File a motion and wait for a judicial hearing
Notify the vessel's captain and request voluntary surrender
File an emergency injunction
File a verified complaint and obtain a warrant of arrest from the court clerk (Correct answer)

Correct answer: File a verified complaint and obtain a warrant of arrest from the court clerk

Under Rule C, a vessel arrest begins with filing a verified complaint asserting a maritime lien, followed by issuance of a warrant of arrest by the court clerk.

Question 44: How many major cruise ship accidents were reported between the years 2005 and 2020?

892
567
448 (Correct answer)
234

Correct answer: 448

According to various reports and studies tracking cruise ship incidents, there were 448 major cruise ship accidents reported between 2005 and 2020. These incidents encompass a range of events from mechanical failures and fires to groundings and collisions. This statistic highlights the frequency of safety concerns within the cruise industry over that period.

Question 45: What is the LHWCA Section 905(b) vessel negligence claim?

A tort claim by an LHWCA-covered worker against a negligent vessel owner separate from the workers' compensation claim (Correct answer)
A claim for defective cargo handling equipment
A claim for unseaworthiness
A claim against the worker's employer for negligence

Correct answer: A tort claim by an LHWCA-covered worker against a negligent vessel owner separate from the workers' compensation claim

LHWCA Section 905(b) preserves the right of a covered worker to sue the vessel owner in negligence, separate from the workers' compensation claim against the employer.

Question 46: What must a seaman prove to establish entitlement to maintenance and cure?

That they were injured or became ill while in service of the vessel (Correct answer)
That the employer was negligent
That the vessel was unseaworthy
Both negligence and unseaworthiness

Correct answer: That they were injured or became ill while in service of the vessel

Maintenance and cure is a no-fault remedy — the seaman need only show they became ill or were injured while in the service of the vessel, without proving employer negligence.

Question 47: What must a cargo claimant do to preserve a COGSA claim for cargo damage that is not apparent at the time of delivery?

Give written notice to the carrier within 3 days of delivery (Correct answer)
Report the damage to U.S. Customs
Notify the carrier within 24 hours
File suit within 1 year

Correct answer: Give written notice to the carrier within 3 days of delivery

COGSA requires written notice of non-apparent cargo damage within 3 days of delivery; otherwise, delivery is presumed to have been in good condition.

Question 48: Which categories of claims give rise to maritime liens under the Commercial Instruments and Maritime Liens Act?

Only collision damage claims
Necessaries, wages, salvage, and maritime torts (Correct answer)
Only cargo damage claims
Only seaman wage claims

Correct answer: Necessaries, wages, salvage, and maritime torts

CIMLA creates maritime liens for necessaries furnished to vessels (supplies, repairs, fuel), seaman wages, salvage services, and maritime tort claims such as collision damage.

Question 49: What distinguishes a negotiable 'order' bill of lading from a 'straight' (non-negotiable) bill of lading?

An order bill of lading represents title to the goods and can be transferred by endorsement and delivery (Correct answer)
An order bill of lading can only be used by the original named shipper
An order bill of lading limits the carrier's liability to the face value of the cargo
An order bill of lading requires court approval before cargo can be released

Correct answer: An order bill of lading represents title to the goods and can be transferred by endorsement and delivery

A negotiable order bill of lading embodies title to the goods and can be transferred to third parties by endorsement, making it a document of title used in trade finance, unlike a straight bill.

Question 50: How does a maritime claimant release an arrested vessel from custody?

By posting a bond or other security equal to the claim amount, plus costs and interest (Correct answer)
By filing a motion to dismiss the arrest
By obtaining a consent order from the plaintiff
By paying the full claim amount into court

Correct answer: By posting a bond or other security equal to the claim amount, plus costs and interest

An arrested vessel is released when the vessel owner posts a bond (security) in an amount sufficient to cover the claim, interest, and costs, substituting the security for the vessel.

Question 51: What does 'in rem' jurisdiction mean in maritime litigation?

A claim filed in a foreign court
A claim against the captain personally
A claim brought against the vessel itself (Correct answer)
A claim limited to insurers

Correct answer: A claim brought against the vessel itself

An in rem action is brought directly against the vessel as the defendant property.

Question 52: When proving 'unseaworthiness,' a ship accident lawyer must show the vessel or its appurtenances were:

Uninsured
Not reasonably fit for their intended purpose (Correct answer)
Foreign-flagged
Old

Correct answer: Not reasonably fit for their intended purpose

Unseaworthiness means the ship, gear, or crew was not reasonably fit for its intended use.

Question 53: In a maritime attachment proceeding, what must the plaintiff show to survive a post-attachment hearing challenging the attachment?

That the defendant is insolvent
That the vessel was unseaworthy
A valid prima facie admiralty claim, the defendant is not present in the district, and the property attached belongs to the defendant (Correct answer)
Clear and convincing evidence of the claim

Correct answer: A valid prima facie admiralty claim, the defendant is not present in the district, and the property attached belongs to the defendant

To sustain a Rule B attachment, the plaintiff must show a valid maritime claim on the merits, absence of the defendant from the district, and that the attached property belongs to the defendant.

Question 54: What is the first thing you need to do if you receive a serious injury on a cruise ship?

Notify the cruise ship's staff
File an accident or injury report
Seek medical care from the cruise ship's doctor (Correct answer)
Get a copy of the accident or injury report

Correct answer: Seek medical care from the cruise ship's doctor

The immediate priority after a serious injury on a cruise ship is to ensure your health and safety. Seeking medical care from the ship's doctor is crucial for immediate assessment and treatment of your injuries. This also creates an official medical record of the incident, which is vital for any potential legal claims later on.

Question 55: Under the LHWCA, what is the employer's obligation regarding medical treatment for an injured worker?

The employer pays for medical care for 2 years only
Medical benefits are capped at $250,000 lifetime
The employer must provide or pay for all necessary medical care without time limit or dollar cap (Correct answer)
The employer pays only for emergency treatment

Correct answer: The employer must provide or pay for all necessary medical care without time limit or dollar cap

The LHWCA requires employers to provide all medical, surgical, and other attendive or curative care reasonably required by the injury, with no statutory dollar or time limit.

Question 56: What is 'general average' in maritime contract and insurance law?

The average value of a vessel's cargo over a voyage
Standard liability limits under COGSA
Insurance premiums averaged across all vessels in a fleet
The proportional sharing of extraordinary losses deliberately incurred to save the ship and cargo (Correct answer)

Correct answer: The proportional sharing of extraordinary losses deliberately incurred to save the ship and cargo

General average requires all cargo owners and the shipowner to proportionally share losses from extraordinary sacrifices made to preserve the vessel and remaining cargo (e.g., jettisoning cargo to save the ship).

Question 57: What is the 'anti-suit injunction' doctrine in maritime contract disputes involving foreign arbitration clauses?

A court order preventing a party from pursuing litigation in a foreign forum in breach of an arbitration agreement (Correct answer)
An order staying U.S. litigation pending foreign arbitration
A prohibition on filing suit before attempting mediation
A rule preventing foreign courts from issuing injunctions against U.S. vessels

Correct answer: A court order preventing a party from pursuing litigation in a foreign forum in breach of an arbitration agreement

Anti-suit injunctions prevent parties from breaching a valid arbitration or forum selection clause by filing suit in an unauthorized forum, enforcing the contractual choice of dispute resolution.

Question 58: What standard do courts use to review whether a shipowner's refusal to pay maintenance and cure justifies punitive damages?

Whether the refusal was intentional
Whether the refusal caused actual financial harm
Whether the refusal was arbitrary, capricious, or callous (Correct answer)
The reasonable person standard

Correct answer: Whether the refusal was arbitrary, capricious, or callous

Courts award punitive damages for maintenance and cure denials when the shipowner's conduct was arbitrary, capricious, or callous — showing bad faith beyond mere incorrect legal positions.

Question 59: What is a 'substitute custodian' arrangement in the context of an arrested vessel?

A party who agrees to maintain and care for the vessel in place of the U.S. Marshal (Correct answer)
The vessel's original captain
A coast guard officer
A court-appointed receiver

Correct answer: A party who agrees to maintain and care for the vessel in place of the U.S. Marshal

A substitute custodian, typically a marina or maritime company, is appointed by the court to maintain the arrested vessel instead of the U.S. Marshal, often at lower cost.

Question 60: What is the legal consequence of an unjustified 'deviation' from the agreed voyage route under COGSA?

The carrier may lose its COGSA liability limitations and face unrestricted liability for cargo damage (Correct answer)
The carrier must pay a deviation surcharge to cargo interests
The bill of lading is automatically voided and must be reissued
The cargo claimant forfeits the right to claim under COGSA

Correct answer: The carrier may lose its COGSA liability limitations and face unrestricted liability for cargo damage

An unjustified deviation is treated as a fundamental breach of the contract of carriage, stripping the carrier of COGSA defenses and liability caps and potentially exposing it to full cargo value liability.

Question 61: In what circumstance may a state court hear a maritime case instead of a federal admiralty court?

When the defendant is a state entity
When the injury occurred in state territorial waters
When the claim is under $75,000
When the plaintiff invokes the Saving to Suitors clause and pursues a common law remedy (Correct answer)

Correct answer: When the plaintiff invokes the Saving to Suitors clause and pursues a common law remedy

The Saving to Suitors clause in 28 U.S.C. § 1333 preserves the right to pursue maritime claims in state courts when the plaintiff seeks a common law remedy.

Question 62: A lawyer handling a cruise passenger injury must check the ticket contract primarily for:

The ship's name
The captain's signature
Meal preferences
A forum-selection clause and shortened notice/filing deadlines (Correct answer)

Correct answer: A forum-selection clause and shortened notice/filing deadlines

Cruise tickets often impose a specific forum and shortened deadlines, such as one year to sue and six months' notice.

Question 63: What is the primary body of federal common law governing maritime disputes in the United States?

Restatement of Torts
Uniform Commercial Code
General Maritime Law (Correct answer)
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 64: What happens to the maintenance and cure obligation if a seaman is terminated for cause during treatment?

The obligation continues unchanged
Both maintenance and cure terminate immediately
The obligation to pay cure continues until MMI, but unearned wages end at termination (Correct answer)
Only maintenance continues, not cure

Correct answer: The obligation to pay cure continues until MMI, but unearned wages end at termination

Even if a seaman is terminated for cause, the shipowner must continue paying cure (medical expenses) until MMI, though the obligation to pay unearned wages and sometimes maintenance may terminate.

Question 65: What is a 'Rule B attachment' in federal admiralty practice?

A method to arrest a foreign vessel
A process to attach a defendant's property when the defendant cannot be found in the district (Correct answer)
A rule for filing admiralty complaints
A discovery tool for maritime cases

Correct answer: A process to attach a defendant's property when the defendant cannot be found in the district

Rule B of the Supplemental Admiralty Rules allows a plaintiff to attach a defendant's tangible or intangible property located in the district when the defendant cannot be found there.

Question 66: What is a ship accident lawyer's primary duty when first retained by an injured maritime worker?

Demand a settlement the same day
Immediately file in federal court
Contact the media
Investigate the incident and preserve evidence before it disappears (Correct answer)

Correct answer: Investigate the incident and preserve evidence before it disappears

Prompt investigation and evidence preservation protect the client's claim from spoliation and fading memories.

Question 67: What information must a lawyer gather to calculate a seaman's lost-earning-capacity damages?

Only the current paycheck
The weather on the day of injury
Work history, wage records, life expectancy, and future earning potential (Correct answer)
The vessel's flag state

Correct answer: Work history, wage records, life expectancy, and future earning potential

Lost earning capacity requires economic data on wages, work-life expectancy, and future prospects.

Question 68: Which of the following best describes the special duty of care that cruise ship owners owe to their passengers?

Protection from crew members' assaults, rapes, and other criminal attacks. (Correct answer)
To ensure the safety of their passengers
To provide a enjoyable and memorable experience
To act with reasonable care under the circumstances

Correct answer: Protection from crew members' assaults, rapes, and other criminal attacks.

Cruise ship owners owe a heightened "special duty of care" to their passengers, which goes beyond general reasonable care. This duty specifically includes taking proactive measures to protect passengers from foreseeable harm, particularly criminal acts by crew members or other passengers. It implies a responsibility to screen employees, provide adequate security, and respond effectively to prevent and address such serious incidents.

Question 69: What is the effect of a 'full and down' or 'Said to Contain' notation on a bill of lading?

It indicates the vessel was fully loaded
It limits the carrier's liability by indicating the carrier did not verify the cargo contents (Correct answer)
It means the cargo was sealed and delivered intact
It confirms the cargo was inspected and delivered in good condition

Correct answer: It limits the carrier's liability by indicating the carrier did not verify the cargo contents

A 'Said to Contain' (STC) notation means the carrier did not verify the cargo contents, limiting the bill's evidentiary value regarding the condition of goods inside containers.

Question 70: What does UNCLOS primarily define?

Shipbuilding standards
Cargo insurance rates
The legal framework for the use of the world's oceans (Correct answer)
Crew employment contracts

Correct answer: The legal framework for the use of the world's oceans

UNCLOS is the U.N. Convention on the Law of the Sea, governing maritime zones and ocean rights.

Question 71: In a limitation of liability proceeding under the Limitation Act, what happens to all other pending claims against the shipowner?

All claims are stayed and channeled into the federal limitation court (Correct answer)
Claims are dismissed without prejudice
Claims continue in their original courts
Claimants must file in state court

Correct answer: All claims are stayed and channeled into the federal limitation court

When a shipowner files a limitation of liability petition, the federal court issues a monition requiring all claimants to file in the limitation proceeding, and all other actions are stayed.

Question 72: Under maritime law, what is a 'lien' on a vessel?

A right to retain the ship as security for a debt (Correct answer)
A type of insurance policy
A government tax on cargo
A captain's license

Correct answer: A right to retain the ship as security for a debt

A maritime lien is a charge against a vessel that secures a creditor's claim and travels with the ship.

Question 73: What is 'dispatch' in the context of a charter party?

Payment from the shipowner to the charterer for completing loading or unloading faster than the allowed laytime (Correct answer)
The speed at which cargo is delivered to the vessel
The vessel's departure notice
Instructions from the charterer to the captain

Correct answer: Payment from the shipowner to the charterer for completing loading or unloading faster than the allowed laytime

Dispatch is the opposite of demurrage — when cargo is loaded or discharged faster than the agreed laytime, the shipowner may pay the charterer dispatch money at an agreed rate.

Question 74: What federal statute provides workers' compensation benefits to maritime workers who do not qualify as Jones Act seamen?

Maritime Workers Benefits Act
Federal Employees' Compensation Act
Longshore and Harbor Workers' Compensation Act (LHWCA) (Correct answer)
Defense Base Act

Correct answer: Longshore and Harbor Workers' Compensation Act (LHWCA)

The LHWCA (33 U.S.C. §§ 901–950) provides no-fault workers' compensation benefits to maritime employees injured on navigable waters or adjoining land areas.

Question 75: What is 'cabotage' in shipping law?

A type of cargo lashing
The reservation of domestic shipping to national vessels (Correct answer)
An anchor maneuver
A customs duty exemption

Correct answer: The reservation of domestic shipping to national vessels

Cabotage laws restrict transport between domestic ports to nationally flagged or owned vessels.

Question 76: Which international convention governs liability for oil pollution from ships?

CLC (Civil Liability Convention) (Correct answer)
STCW
SOLAS
COLREGs

Correct answer: CLC (Civil Liability Convention)

The Civil Liability Convention establishes shipowner liability for oil pollution damage.

Admiralty & Maritime Law (Ship Lawyer) Certification Examination

Professional certification examination for attorneys specializing in admiralty and maritime law, testing federal maritime jurisdiction, seaman rights, maintenance and cure, maritime contracts and liens, admiralty court procedures, and longshore worker compensation under U.S. federal law.

Questions

35 min

Time Limit

75%

To Pass

Checking for saved progress...

Exam Rules

You can skip questions and return to them later
Flag questions for review before submitting
No feedback shown until you submit the entire exam
Unanswered questions count as wrong — answer everything
10 pretest questions are mixed in and don't affect your score
Timer auto-submits when time runs out
Your progress is auto-saved every 30 seconds