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Admiralty Jurisdiction and Courts Flashcards

6 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 6 Admiralty Jurisdiction and Courts flashcards as text
  1. Which federal statute grants U.S. district courts original jurisdiction over admiralty and maritime cases?

    Answer: 28 U.S.C. § 1333

    28 U.S.C. § 1333 grants U.S. district courts original jurisdiction over any civil case of admiralty or maritime jurisdiction.

  2. Under the 'locality test,' a maritime tort must occur on navigable waters OR satisfy which additional prong under the modern test?

    Answer: Connection to maritime activity

    The modern test (Executive Jet, Sisson, Jerome B. Grubart) requires both a locality on navigable waters AND a sufficient connection to traditional maritime activity.

  3. What procedural mechanism allows a plaintiff to invoke admiralty jurisdiction in federal court without diversity of citizenship?

    Answer: Rule 9(h) designation

    A plaintiff can invoke admiralty jurisdiction by including a Rule 9(h) designation in the complaint, identifying the claim as one in admiralty.

  4. The Savings to Suitors clause (28 U.S.C. § 1333) preserves a claimant's right to pursue a maritime claim in which court?

    Answer: State court using common law remedies

    The Savings to Suitors clause preserves a claimant's right to sue in state court for in personam maritime claims and obtain common-law remedies.

  5. An action in rem against a vessel is available under admiralty law primarily to enforce which type of claim?

    Answer: Maritime lien

    In rem actions in admiralty allow a claimant holding a maritime lien to arrest the vessel itself as the defendant to secure the debt.

  6. Which doctrine allows a federal admiralty court to hear state-law claims that arise from the same nucleus of operative fact as a maritime claim?

    Answer: Pendent admiralty jurisdiction

    Pendent admiralty jurisdiction (now codified broadly as supplemental jurisdiction under 28 U.S.C. § 1367) allows related state claims to be heard alongside the admiralty claim.