How Maritime Law Works Flashcards
7 cards from real Maritime Law practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 How Maritime Law Works flashcards as text
What is the legal significance of a vessel being flagged to a particular country?
Answer: It establishes the nation whose laws govern the vessel and its crew on the high seas
A vessel's flag state has jurisdiction over the ship and its crew on the high seas, meaning that country's laws apply to labor conditions, safety standards, and criminal acts aboard.
What is a 'time charter' in maritime law?
Answer: A charter where the shipowner provides the vessel and crew for a fixed period at a daily or monthly hire rate
In a time charter, the owner retains control of the ship's navigation while the charterer directs its commercial employment and pays hire for the duration of the agreed period.
Which U.S. statute requires that goods transported between U.S. ports be carried on U.S.-built, U.S.-flagged, and U.S.-crewed vessels?
Answer: The Jones Act (Merchant Marine Act of 1920)
The Jones Act's cabotage provision (46 U.S.C. § 55102) restricts U.S. coastal trade to vessels that are U.S.-built, U.S.-flagged, U.S.-owned, and crewed by U.S. citizens or permanent residents.
What does MARPOL 73/78 regulate?
Answer: Pollution of the marine environment by ships, including oil, chemicals, sewage, and garbage
MARPOL (International Convention for the Prevention of Pollution from Ships) is the main international treaty governing pollution prevention from ships, covering six categories of pollutants in its annexes.
In a maritime collision case, what is the doctrine of 'divided damages'?
Answer: Damages are allocated in proportion to each vessel's percentage of fault
The U.S. Supreme Court in United States v. Reliable Transfer (1975) replaced the old equal division rule with proportionate fault allocation in maritime collision cases.
What is the purpose of a 'Notice of Readiness' (NOR) in a voyage charter?
Answer: To notify the charterer or shipper that the vessel has arrived and is ready to load or discharge cargo
A Notice of Readiness is tendered by the master to the charterer upon arrival at the loading or discharge port to start the laytime clock under the charterparty.
Under admiralty law, what is a 'maritime lien' and how is it enforced?
Answer: A statutory claim that attaches to the vessel itself and is enforced through an in rem action against the ship
A maritime lien is a privileged claim that attaches to the vessel by operation of law and is enforced by arresting the ship through an in rem proceeding in federal admiralty court.