CA Certified Specialist — Admiralty & Maritime Law

Which federal statute is the primary source of federal admiralty subject-matter jurisdiction?

• A28 USC §1331
• B28 USC §1332
• C28 USC §1333
• D28 USC §1367

The saving-to-suitors clause in 28 USC §1333 has which of the following primary effects?

• AIt abolishes federal admiralty jurisdiction over in rem claims
• BIt preserves common-law in personam remedies that may be pursued in state court or on the…
• CIt allows plaintiffs to bring in rem claims in state court
• DIt eliminates the right to a jury trial in maritime cases

Which type of maritime claim may ONLY be brought in federal admiralty court?

• AIn personam negligence claim against the vessel owner
• BJones Act claim against the employer
• CIn rem action against the vessel itself
• DWrongful-death claim under state law

Under Jerome B. Grubart, Inc. v. Great Lakes Dredge & Dock Co., what two-part test determines admiralty tort jurisdiction?

• AVessel ownership and seaman status
• BLocation on navigable waters AND substantial connection to traditional maritime activity
• CIn rem availability and federal-question presence
• DDiversity of citizenship and amount in controversy

Which water body is considered 'navigable waters of the United States' for admiralty tort jurisdiction purposes?

• AA private artificial pond used only for recreational paddleboats
• BA river capable of being used as a highway for interstate or international commerce
• CA backyard swimming pool
• DA small irrigation ditch with no commercial use

Which procedural rules govern in rem actions against vessels in federal admiralty practice?

• AFederal Rules of Civil Procedure 4-15 only
• BSupplemental Rules for Admiralty or Maritime Claims (especially Rules C and E)
• CCalifornia Code of Civil Procedure
• DUCC Article 9

Maritime attachment under Supplemental Rule B is available when which condition is satisfied?

• AThe defendant is present in the district
• BThe defendant cannot be found within the district AND the claim is in personam admiralty
• CThe plaintiff posts a $1 million bond
• DThe defendant is a U.S. citizen

Which doctrine, repudiated by Congress, formerly allowed harbor workers to recover unseaworthiness as 'Sieracki seamen' under general maritime law?

• ARobins Dry Dock rule
• BSieracki seaman doctrine
• CMitchell unseaworthiness rule
• DCabotage doctrine

A Jones Act seaman files suit in California Superior Court on the law side, seeking damages for the negligence of his employer. Can the case be removed to federal court?

• AYes, automatically because it raises a federal claim
• BNo, Jones Act cases filed in state court are generally non-removable absent an independen…
• CYes, only if the defendant is foreign
• DNo, because state courts have exclusive jurisdiction over Jones Act claims

Which type of maritime contract is generally NOT subject to admiralty jurisdiction?

• ACharter party
• BMarine insurance policy
• CContract to build a vessel (shipbuilding contract)
• DBill of lading for ocean carriage

Under Foremost Insurance Co. v. Richardson, recreational boating collisions on navigable waters are within admiralty jurisdiction because:

• AAll boating is automatically maritime
• BSuch collisions have a potentially disruptive impact on maritime commerce, satisfying the…
• COnly commercial vessels generate admiralty jurisdiction
• DRecreational vessels are exempt from admiralty

Choice-of-law in admiralty cases generally requires application of which body of law to substantive maritime issues?

• AState common law of the forum
• BFederal admiralty (general maritime law), supplemented by state law only where no entrenc…
• CForeign law of the vessel's flag
• DUCC Article 2

Which of the following is the correct method for serving process in an in rem action against a vessel?

• AMailing the complaint to the vessel owner
• BArresting the vessel pursuant to Supplemental Rule C through the U.S. Marshal
• CFiling with the Secretary of State
• DPersonal service on the captain only

Maritime lien priority in the United States is governed largely by which statute?

• ACommercial Instruments and Maritime Liens Act (CIMLA), 46 USC §31301+
• BUCC Article 9
• CFederal Rules of Civil Procedure
• DRobinson-Patman Act

Personal jurisdiction in admiralty in personam claims in federal court is determined by:

• AFederal Rule 4(k) and the long-arm of the forum state plus Due Process
• BPure federal common law without reference to state long-arms
• COnly physical presence in the district
• DNationality of the parties

Which statement about jury trials in admiralty is MOST accurate?

• AJury trials are guaranteed in all admiralty cases
• BThere is generally no right to a jury trial on the admiralty side, but a jury is availabl…
• CJuries are only available in California state-court admiralty cases
• DJuries are never permitted in maritime litigation

Under Norfolk Southern Railway v. Kirby (2004), how should a maritime contract that includes inland transportation be analyzed?

• ATreated entirely as a land-based contract
• BIf the contract's principal objective is maritime commerce, it is governed by federal mar…
• CAlways governed by state law
• DAlways governed by the law of the rail carrier's domicile

Designation of an admiralty claim under FRCP Rule 9(h) primarily has which procedural effect?

• AIt guarantees a jury trial
• BIt triggers application of admiralty's special procedural devices (Supplemental Rules, no…
• CIt abolishes federal subject-matter jurisdiction
• DIt moves the case to state court

The Jones Act provides which type of remedy to qualifying seamen?

• AStrict liability for any injury aboard ship
• BA negligence-based cause of action against the employer for personal injury or death
• CNo-fault workers' compensation
• DPunitive damages only

What is the 'featherweight' causation standard applied to Jones Act negligence claims?

• AThe plaintiff must prove the employer's negligence was the sole cause of injury
• BThe plaintiff need only show that employer negligence played any part, even the slightest…
• CThe plaintiff must prove gross negligence
• DStrict liability without causation

Under Chandris, Inc. v. Latsis, which two requirements define Jones Act seaman status?

• AU.S. citizenship and 5+ years of service
• BContribution to the vessel's function or mission AND a substantial connection to a vessel…
• CMembership in a maritime union and overnight quarters aboard
• DActive ownership of an interest in the vessel

In Harbor Tug & Barge Co. v. Papai, the Supreme Court emphasized which factor in determining whether intermittent maritime work qualifies a worker as a Jones Act seaman?

• AWhether the worker had any maritime experience
• BWhether the worker's connection to a single vessel or identifiable fleet was substantial…
• CWhether the worker resided near the water
• DWhether the worker was a union member

A worker spends 20% of his time aboard a vessel and the remainder on land. Under Chandris's rule-of-thumb, what is the likely seaman-status outcome?

• AAutomatic seaman status
• BThe duration prong is presumptively not satisfied (below the 30% guideline)
• CAutomatic LHWCA coverage with no negligence claim
• DStatus is irrelevant if injury occurs on land

What is the doctrine of 'maintenance and cure'?

• AA no-fault duty owed by the shipowner to provide a seaman with daily living expenses and…
• BAn exclusive remedy that bars Jones Act and unseaworthiness recovery
• CDamages for emotional distress
• DAn anti-trust obligation

Under Atlantic Sounding Co. v. Townsend, punitive damages are available for which seaman-protection claim?

• AWillful failure to pay maintenance and cure
• BNegligence under the Jones Act
• CUnseaworthiness under general maritime law
• DWrongful death under DOHSA

Which is NOT a recoverable element of damages in a typical Jones Act personal-injury claim?

• APast and future medical expenses
• BPast and future lost wages
• CPain and suffering
• DLoss of society for a non-fatal injury to an adult seaman

Which forum options are typically available to a Jones Act plaintiff?

• AOnly federal admiralty court
• BOnly state court
• CFederal court on the law side OR state court, with the saving-to-suitors clause supportin…
• DOnly the U.S. Court of Federal Claims

How does comparative fault operate in a Jones Act case?

• AThe plaintiff's contributory negligence completely bars recovery
• BDamages are reduced in proportion to the plaintiff's percentage of fault (pure comparativ…
• CThe plaintiff is presumed at fault
• DFault is allocated only between defendants

Under McDermott Int'l v. Wilander, which type of work most strongly establishes that a worker contributes to the vessel's function (Chandris prong one)?

• ASales work in a shoreside office
• BWork aboard a vessel that aids in the vessel's mission, even if not classical seafaring
• CConstruction of the vessel before launch
• DMarketing of the vessel's owner

In Lozman v. City of Riviera Beach (2013), the Supreme Court held that whether a structure qualifies as a 'vessel' depends on:

• AWhether the owner intends to use it as a vessel
• BWhether a reasonable observer would consider it designed to a practical degree for transp…
• CWhether it has been registered with the Coast Guard
• DWhether it is more than 50 feet long

A Jones Act plaintiff's complaint contains both a Jones Act claim and a general-maritime-law unseaworthiness claim. Which is correct?

• AThe two cannot be joined
• BThey may be joined in a single action; Jones Act tries to a jury when filed at law, and u…
• CUnseaworthiness must be tried to the bench in a separate action
• DThe Jones Act preempts unseaworthiness

The statute of limitations for a Jones Act claim is:

• A1 year
• B2 years
• C3 years
• D6 years

What is a 'borrowed servant' issue in a Jones Act case?

• AA dispute over who is the seaman's true Jones Act employer for liability purposes when mu…
• BA claim against a passenger
• CA claim arising in admiralty court only
• DAn attempt to substitute the captain as a defendant

A worker is a covered LHWCA harbor worker but ALSO satisfies Chandris's seaman test. Which is correct?

• AThe worker can recover under both LHWCA and the Jones Act simultaneously
• BJones Act seamen are categorically excluded from LHWCA coverage (LHWCA does not apply)
• CThe worker must elect LHWCA
• DThe worker is excluded from both regimes

The Longshore and Harbor Workers' Compensation Act (LHWCA) is codified at:

• A33 USC §901 et seq.
• B46 USC §30501+
• C33 USC §1251+
• D42 USC §1983

Coverage under LHWCA requires satisfaction of BOTH:

• ACitizenship and union membership
• BThe status test (covered maritime employment) AND the situs test (navigable waters or adj…
• CPre-injury notice and bond
• DFederal Tort Claims Act preconditions

Which of the following is expressly EXCLUDED from LHWCA coverage by 33 USC §902(3)?

• ALongshore workers
• BShip repairers
• CMasters or members of a crew of any vessel (Jones Act seamen)
• DHarbor construction workers

Section 905(b) of LHWCA permits a covered worker to bring which type of claim against a vessel?

• AA no-fault claim for unseaworthiness
• BA negligence-based claim against the vessel as a third party
• CAn admiralty in rem arrest with strict liability
• DA punitive-damages claim against the employer

Under Scindia Steam Navigation Co. v. De Los Santos, which is NOT one of the vessel's three §905(b) duties to a longshore worker?

• ATurnover duty
• BActive control duty
• CDuty to intervene
• DStrict liability for any defect

What is the effect of Section 33 of LHWCA (33 USC §933) when a covered worker recovers from a third party?

• AThe employer has no interest in the recovery
• BThe employer/insurer has a statutory lien on the third-party recovery for compensation al…
• CThe third party is immune
• DThe worker forfeits LHWCA benefits

Which body adjudicates LHWCA claims at the first level of formal dispute resolution?

• AU.S. district court
• BAdministrative Law Judges under the Office of Administrative Law Judges (OALJ), with appe…
• CCoast Guard administrative law division
• DState workers' compensation commissions

LHWCA benefits for permanent total disability are typically paid at what rate, subject to statutory maximums and minimums?

• A50% of average weekly wage
• B66 2/3% of average weekly wage
• C100% of average weekly wage
• DA flat $250/week

What does the LHWCA's situs test require?

• AThe injury must occur on navigable waters OR on adjoining piers, wharves, dry docks, term…
• BThe injury must occur in international waters
• CThe injury must occur on a vessel under U.S. registry
• DThe injury must occur in California

In Director, OWCP v. Perini North River Associates, the Supreme Court held that a worker injured on actual navigable waters while performing maritime employment is covered by LHWCA regardless of:

• AThe situs test (because waters automatically satisfy situs)
• BStatus, since waters supply jurisdiction
• CWhether the worker satisfies the post-1972 'maritime employment' status test as ordinaril…
• DWhether the employer participated in interstate commerce

Which is the correct relationship between LHWCA and state workers' compensation for shore-based maritime injuries?

• ALHWCA is the exclusive remedy and bars all state comp
• BSun Ship v. Pennsylvania allows concurrent jurisdiction — LHWCA-covered workers in the 't…
• CState comp is the exclusive remedy
• DLHWCA applies only to federal employees

What is the standard of care under Scindia's 'duty to intervene'?

• AStrict liability
• BThe vessel must intervene whenever a longshore worker is at risk
• CIntervention is required only when the vessel has actual knowledge of a dangerous conditi…
• DIntervention is required only for foreign-flag vessels

Which is the correct application of LHWCA exclusivity (33 USC §905(a))?

• ALHWCA is generally the exclusive remedy against the employer for covered injuries, barrin…
• BAn LHWCA-covered worker may freely sue the employer in tort
• CExclusivity bars claims against third-party vessel owners
• DExclusivity is waived by industry custom

How is the LHWCA's maximum compensation rate set?

• ABy the Secretary of Labor, capped at 200% of the National Average Weekly Wage (NAWW)
• BBy state legislature
• CBy each employer
• DThere is no maximum