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
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.
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.
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.
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.
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.
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.