Admiralty Jurisdiction and Courts Flashcards
6 cards from real Maritime Law practice questions. Tap to flip, then mark Knew It or Still Learning โ missed cards come back until you master them.
Read the first 6 Admiralty Jurisdiction and Courts flashcards as text
Which case expanded admiralty jurisdiction to include recreational boating collisions, rejecting a strict commercial nexus requirement?
Answer: Foremost Insurance Co. v. Richardson
Foremost Insurance Co. v. Richardson (1982) held that a collision between two pleasure boats on navigable waters was within admiralty jurisdiction because it had a sufficient connection to traditional maritime activity.
Under Supplemental Admiralty Rule B, what triggers the availability of maritime attachment?
Answer: The defendant cannot be found within the district
Supplemental Rule B allows attachment of a defendant's property within the district when the defendant cannot be found (i.e., served with process) there.
The term 'proctors in admiralty' historically referred to whom?
Answer: Attorneys practicing in admiralty courts
Proctors in admiralty were the lawyers who practiced before admiralty courts, equivalent to solicitors in other courts.
Which Supreme Court decision held that state punitive damages awards in maritime cases are governed by federal admiralty law, not state law?
Answer: Exxon Shipping Co. v. Baker
Exxon Shipping Co. v. Baker (2008) addressed the availability and ratio of punitive damages in maritime cases and confirmed federal admiralty law governs the issue.
In admiralty, a 'libel' is the historical term for which modern pleading?
Answer: Complaint initiating an admiralty action
A 'libel' was the original admiralty term for the complaint or petition that initiated a lawsuit in an admiralty court.
Which doctrine in admiralty law protects a vessel owner from in rem liability when the vessel is under a demise (bareboat) charter?
Answer: The demise charter severs the owner's maritime lien exposure for the charterer's debts
Under a demise charter, the charterer takes full possession and control, and maritime liens created by the charterer's orders generally do not bind the owner's equity in the vessel.