CA Admiralty Specialist cheat sheet

Admiralty jurisdiction under 28 U.S.C. § 1333(1) reaches all cases of admiralty or maritime jurisdiction and permits exclusive jurisdiction when a vessel is seized, but saving-to-suitors clause preserves common-law remedies in personam.

A contract is maritime only when its subject matter is maritime; a mixed contract is maritime only if its maritime nature is substantial and not merely incidental to a nonmaritime element.

A ship mortgage is a preferred maritime lien enforceable in rem when recorded under the Commercial Instruments and Maritime Liens Act (46 U.S.C. § 31301 et seq.); unrecorded mortgages lose priority to later liens.

A maritime lien attaches to a vessel at the moment the obligation arises, is secret, travels with the vessel, and is enforced by an in rem action against the res; it is extinguished by laches, payment, or destruction of the res.

Preferred maritime lien priority order: (1) wages of the crew, (2) general average, (3) salvage and tort claims, (4) contract claims, with order among contract liens favoring the earlier lien; a mortgage ranks after preferred liens.

The Limitation of Liability Act (46 U.S.C. § 30501 et seq.) caps a vessel owner's liability to the value of the vessel and pending freight when the loss occurred without privity or knowledge of the owner.

The Jones Act (46 U.S.C. § 30104) gives a seaman a negligence action against the employer; the warranty of seaworthiness under general maritime law is strict but requires unseaworthiness causation of the injury.

Maintenance and cure arises from the employment relationship and covers wages (maintenance), medical expenses (cure), and living expenses while a seaman is incapacitated, continuing until maximum medical recovery.

The Longshore and Harbor Workers' Compensation Act (33 U.S.C. § 901 et seq.) covers land-based maritime workers and generally bars a separate negligence action against the employer, preserving claims against third parties and vessel owners.

Under the Carriage of Goods by Sea Act (46 U.S.C. § 30701 note), the carrier's duty of care and the package limitation apply to cargo loaded or discharged from a U.S. port; the carrier must issue a bill of lading stating apparent order and condition.

The Harter Act (46 U.S.C. § 30701 note) prohibits carrier clauses relieving liability for negligence in loading, stowage, custody, care, or discharge of cargo, but permits clauses against liability for navigation error.

A bill of lading is the carrier's receipt, evidence of the contract of carriage, and a document of title when consigned to order; a clean bill of lading states goods received in apparent good order and condition.

General average is a contribution by all cargo and ship interests to losses intentionally incurred to save the adventure; York-Antwerp Rules govern adjustment where incorporated into the bill of lading.

A time charter transfers commercial operation but not possession to the charterer; a demise (bareboat) charter transfers possession and control, and the charterer becomes owner pro hac vice for liability purposes.

A vessel owner may invoke the package limitation only if the carrier proves the number of packages; failure to disclose the nature and value of goods in the bill of lading permits limitation unless the carrier had notice.

A maritime arbitration clause in a charter party is enforceable under the Federal Arbitration Act; a charter-party arbitration clause incorporated by reference into a bill of lading binds the holder if the reference is clear and the clause is not inconsistent with the bill.

A salvage award requires voluntary service to a vessel in marine peril, success in whole or part, and a rescuer with no pre-existing duty; the award considers the value saved, the risk, and the effort.

The Death on the High Seas Act (46 U.S.C. § 30301 et seq.) provides a wrongful-death remedy for deaths occurring beyond three nautical miles from shore, recoverable by the personal representative for the exclusive benefit of the decedent's relatives.

The general maritime law wrongful-death remedy (Moragne) applies to deaths on navigable waters within U.S. territorial limits and permits recovery for loss of society where the death is caused by unseaworthiness or negligence.

A seaman's status test requires that the worker contribute to the function of the vessel or the accomplishment of its mission and have a connection to a vessel in navigation that is substantial in duration and nature.

Under the doctrine of comparative negligence in admiralty, a plaintiff's recovery is reduced by the plaintiff's share of fault; pure comparative negligence applies, not contributory negligence bars.

Unseaworthiness liability extends to the vessel's appurtenances, gear, and crew competence; the owner's duty is absolute and nondelegable but does not extend to transient conditions or isolated acts of negligence.

The doctrine of laches applies to maritime claims in the absence of a statute of limitations; courts look to the analogous state limitation period and to prejudice to the defendant.

A vessel owner's duty to a maritime worker aboard a vessel under the Scindia standard requires reasonable care to keep the vessel's condition reasonably safe and to warn of hazards, with no liability for open and obvious dangers.

Punitive damages are available under general maritime law for gross negligence or willful misconduct, but not for unseaworthiness claims; they are not available under the Jones Act against the employer.

A maritime lien attaches to the vessel, not the owner personally, and is enforced by an in rem action under Rule C of the Supplemental Rules for Admiralty or Maritime Claims.

A ship mortgage is a preferred mortgage when recorded with the Coast Guard and accompanied by an affidavit of good faith; it is a lien on the vessel and is enforceable in admiralty.

Priority among maritime liens generally follows the rule of inverse order: the last lien in time may have priority when equities favor the later lienholder, but wage, salvage, and tort liens outrank contract liens.

A lien for necessaries arises when supplies or services are furnished to a vessel on the order of the owner or authorized agent; the supplier must look to the vessel and show the goods were necessary for the vessel's operation.

A shipowner may limit liability under the Limitation Act by filing a petition in a U.S. district court within six months of receiving written notice of a claim, depositing the vessel's value, and giving security.

An in rem action requires the vessel to be within the district; the court may order arrest of the vessel and require the claimant to post security, and the owner may appear and defend.

A maritime lien is extinguished by laches, waiver, payment, or the vessel's destruction; a lien for wages continues to attach to the vessel even after sale unless the sale is judicially ordered free of liens.

The Supplemental Rules for Admiralty or Maritime Claims govern attachment, garnishment, and in rem procedures; Rule B permits quasi in rem attachment of property when the defendant is not found in the district.

A charter party is a maritime contract; a voyage charter specifies a voyage and freight, while a time charter fixes hire per day and a demise charter transfers possession and control.

A safe port warranty in a time charter requires the charterer to order the vessel only to ports that are prospectively safe; liability arises when the port becomes unsafe due to an abnormal occurrence.

Laytime and demurrage: laytime is allowed loading or discharge time, demurrage is liquidated damages for exceeding laytime, and despatch is a reward for finishing early; a demurrage clause is enforceable as agreed.

A bill of lading incorporating a charter-party arbitration clause binds a holder only if the incorporation is specific and the clause is not inconsistent with the bill's terms.

A maritime contract is governed by federal admiralty law when its subject matter is maritime; state law may supplement but not conflict with federal maritime law.

A contract of affreightment is a maritime contract to carry goods; the carrier's obligation is to proceed with reasonable dispatch and to deliver to the consignee against surrender of the bill of lading.

A general average act requires a sacrifice or expenditure intentionally and reasonably made for the common safety; the adjustment is governed by the York-Antwerp Rules when incorporated.

A salvage agreement under Lloyd's Open Form (LOF) provides for no cure, no pay and incorporates the SCOPIC clause for environmental risk; the award is fixed by arbitration.

Admiralty jurisdiction requires a maritime location (navigable waters) and a maritime nexus (the activity bears a significant relationship to traditional maritime activity).

The saving-to-suitors clause preserves the right to bring common-law actions in personam in state or federal court for maritime claims, but not in rem actions.

A maritime claim may be tried without a jury in admiralty; the Seventh Amendment jury right does not extend to admiralty cases, though a jury may be available on law-side claims joined with admiralty claims.

A maritime lien is enforced by an in rem action under Rule C; the vessel is arrested, and the owner may post a bond to release it, with the bond substituting for the res.

The Limitation of Liability Act permits a vessel owner to limit liability to the value of the vessel and pending freight when the loss occurred without the owner's privity or knowledge.

A maritime arbitration award is enforceable under the Federal Arbitration Act; a court may vacate an award for fraud, misconduct, or manifest disregard of the law.

A maritime claim for maintenance and cure is not subject to the Jones Act's negligence standard; cure continues until maximum medical improvement, and the seaman's own negligence does not bar recovery.

The doctrine of laches bars stale maritime claims; the court looks to the analogous state statute of limitations and requires the defendant to show prejudice from the delay.

Under COGSA, the carrier's package limitation is $500 per package or customary freight unit unless the shipper declares a higher value in the bill of lading; the limitation does not apply to deviation or to unreasonable deviation.

The carrier's duties under COGSA include exercising due diligence to make the vessel seaworthy, properly manning and equipping the vessel, and caring for cargo; the carrier may rely on nautical fault and fire exceptions.

Collision liability is apportioned by comparative fault; the Brussels Collision Convention and the rule of divided damages historically applied equal division, but U.S. law now uses comparative fault.

The Oil Pollution Act (33 U.S.C. § 2701 et seq.) imposes strict liability on the responsible party for oil discharges into navigable waters, with limits based on vessel tonnage and defenses for act of God, act of war, or third-party fault.

The responsible party under OPA may limit liability to statutory amounts unless the incident resulted from gross negligence or willful misconduct; the limit does not apply to removal costs.

A collision claim requires proof of fault, causation, and damages; the Pennsylvania Rule shifts the burden of proof to a vessel that violated a statutory rule intended to prevent collisions.

A vessel owner's obligation to render assistance to persons in danger at sea arises under the Safety of Life at Sea Convention and customary international law; failure may create liability.

A maritime lien for salvage arises when voluntary assistance saves a vessel in peril; the award is based on the value of the property saved, the risk, and the skill of the salvors.

A seaman under the Jones Act must be a member of a crew of a vessel in navigation; the worker's connection to the vessel must be substantial in duration and nature.

The Jones Act permits a seaman to sue the employer for negligence; the employer may not use contributory negligence as a complete bar but may reduce damages under comparative fault.

Maintenance and cure is a contractual remedy requiring the seaman to be injured or ill while in the service of the vessel; the seaman must submit to medical treatment and may forfeit cure for willful misconduct.

The Longshore and Harbor Workers' Compensation Act covers maritime workers injured on navigable waters or adjoining areas; the employer's liability is exclusive, but the worker may sue third parties.

The Death on the High Seas Act applies to deaths beyond three nautical miles from shore; the general maritime law wrongful-death remedy applies within territorial waters.

A vessel owner owes a duty of reasonable care to maritime workers aboard under the Scindia standard; the duty includes a safe condition and warning of latent hazards.

A seaman may recover punitive damages for willful and wanton misconduct under general maritime law, but not under the Jones Act.

The doctrine of unseaworthiness requires that the vessel or its appurtenances be reasonably fit for their intended purpose; the owner's duty is absolute and nondelegable.

A preferred ship mortgage is recorded with the U.S. Coast Guard and is enforceable in admiralty; it ranks after preferred maritime liens for wages, torts, and salvage.

A maritime lien for necessaries requires that the goods or services be furnished to the vessel on the order of the owner or an authorized agent, and that they be necessary for the vessel's operation.

A lien for wages of the crew is a preferred lien that takes priority over all other liens except salvage and tort claims.

A lien for salvage arises from voluntary service to a vessel in peril; the salvor's lien is preferred over contract liens and mortgages.

A maritime lien is extinguished by payment, waiver, laches, or destruction of the vessel; a judicial sale free of liens extinguishes liens against the vessel.

A ship mortgage may be foreclosed in admiralty by an in rem action; the court may order the vessel sold and the proceeds distributed according to lien priority.

A maritime lien attaches to the vessel itself and follows the vessel into the hands of a purchaser, unless the sale is a judicial sale free of liens.

A lien for repairs or supplies furnished to a vessel in a foreign port may be enforced in U.S. courts if the supplier relied on the vessel's credit rather than the owner's personal credit.

Admiralty jurisdiction under 28 U.S.C. § 1333 extends to all cases of admiralty and maritime jurisdiction, including in rem actions against vessels.

The saving-to-suitors clause preserves common-law remedies in personam but does not permit in rem actions in state court.

A maritime claim may be brought in federal court under admiralty jurisdiction; the court applies federal maritime law, which may be supplemented by state law.

An in rem action under Rule C requires the vessel to be within the district; the court may order arrest and require security for the claim.

A maritime lien is enforced by an in rem action; the vessel is the defendant, and the owner may appear to defend.

The Limitation of Liability Act permits a vessel owner to limit liability to the value of the vessel and pending freight if the loss occurred without the owner's privity or knowledge.

A maritime arbitration clause is enforceable under the Federal Arbitration Act; the court may compel arbitration and enforce the award.

The doctrine of laches applies to maritime claims; the court looks to the analogous state limitation period and requires prejudice to the defendant.

Collision liability is apportioned by comparative fault; the court may divide damages according to the parties' respective degrees of fault.

The Pennsylvania Rule shifts the burden of proof to a vessel that violated a statutory rule intended to prevent collisions; the vessel must prove the violation could not have caused the collision.

Salvage requires voluntary service to a vessel in marine peril, success in whole or part, and a rescuer with no pre-existing duty; the award considers the value saved and the risk.

General average requires a sacrifice or expenditure intentionally and reasonably made for the common safety; the adjustment is governed by the York-Antwerp Rules when incorporated.

The Oil Pollution Act imposes strict liability on the responsible party for oil discharges; the responsible party may limit liability unless gross negligence or willful misconduct is shown.

A collision claim requires proof of fault, causation, and damages; the court may apportion damages based on comparative fault.

A salvage award may be enforced by a maritime lien on the salved property; the lien is preferred over contract liens and mortgages.

The doctrine of general average requires contribution from all cargo and ship interests; the contribution is based on the value of the property saved.

COGSA applies to cargo loaded or discharged from a U.S. port; the carrier must exercise due diligence to make the vessel seaworthy and care for cargo.

The carrier's package limitation under COGSA is $500 per package or customary freight unit unless the shipper declares a higher value in the bill of lading.

A clean bill of lading states that goods were received in apparent good order and condition; a foul bill of lading notes damage or discrepancy.

A bill of lading is a receipt, evidence of the contract of carriage, and a document of title when consigned to order.

The Harter Act prohibits clauses relieving the carrier from liability for negligence in loading, stowage, custody, care, or discharge of cargo.

A charter party arbitration clause incorporated by reference into a bill of lading binds the holder if the reference is clear and the clause is not inconsistent with the bill.

General average is a contribution by all cargo and ship interests to losses intentionally incurred to save the adventure; the York-Antwerp Rules govern adjustment when incorporated.

A carrier may invoke the nautical fault exception under COGSA for errors in navigation or management of the vessel, but not for errors in caring for cargo.

The Jones Act permits a seaman to sue the employer for negligence; comparative negligence reduces but does not bar recovery.

Maintenance and cure covers wages, medical expenses, and living expenses while the seaman is incapacitated; cure continues until maximum medical recovery.

The Death on the High Seas Act provides a wrongful-death remedy for deaths beyond three nautical miles from shore; the general maritime law wrongful-death remedy applies within territorial waters.

A seaman's status requires that the worker contribute to the vessel's function and have a connection to a vessel in navigation that is substantial in duration and nature.

Unseaworthiness liability is absolute and nondelegable; the owner must provide a vessel reasonably fit for its intended purpose.

The Scindia standard requires a vessel owner to exercise reasonable care to keep the vessel safe and to warn of latent hazards; there is no liability for open and obvious dangers.

Punitive damages are available under general maritime law for gross negligence or willful misconduct, but not under the Jones Act.

The doctrine of laches applies to maritime claims; the court looks to the analogous state limitation period and requires prejudice to the defendant.

A maritime lien attaches to the vessel at the moment the obligation arises and follows the vessel into the hands of a purchaser unless the sale is judicial and free of liens.

Preferred maritime liens include wages of the crew, general average, salvage, and tort claims; contract liens rank after preferred liens.

A ship mortgage is a preferred mortgage when recorded with the Coast Guard and accompanied by an affidavit of good faith; it ranks after preferred maritime liens.

A lien for necessaries requires that the goods or services be furnished to the vessel on the order of the owner or authorized agent and be necessary for the vessel's operation.

A maritime lien is enforced by an in rem action under Rule C; the vessel is arrested, and the owner may post a bond to release it.

A lien for wages is a preferred lien that takes priority over all other liens except salvage and tort claims.

A maritime lien is extinguished by payment, waiver, laches, or destruction of the vessel; a judicial sale free of liens extinguishes liens against the vessel.

A lien for repairs or supplies furnished in a foreign port may be enforced in U.S. courts if the supplier relied on the vessel's credit rather than the owner's personal credit.

The Limitation of Liability Act permits a vessel owner to limit liability to the value of the vessel and pending freight when the loss occurred without the owner's privity or knowledge.

A vessel owner must file a limitation petition within six months of receiving written notice of a claim and deposit security for the vessel's value.

The limitation Act does not apply to claims for maintenance and cure, nor to claims for willful misconduct or gross negligence.

A maritime claim may be tried without a jury in admiralty; the Seventh Amendment jury right does not extend to admiralty cases.

The saving-to-suitors clause preserves common-law remedies in personam but does not permit in rem actions in state court.

An in rem action under Rule C requires the vessel to be within the district; the court may order arrest and require security for the claim.

A maritime arbitration award is enforceable under the Federal Arbitration Act; a court may vacate an award for fraud, misconduct, or manifest disregard of the law.

The doctrine of laches bars stale maritime claims; the court looks to the analogous state statute of limitations and requires the defendant to show prejudice from the delay.

The Oil Pollution Act imposes strict liability on the responsible party for oil discharges into navigable waters; the responsible party may limit liability based on vessel tonnage unless gross negligence or willful misconduct is shown.

The responsible party under OPA may assert defenses for act of God, act of war, or third-party fault; the burden is on the responsible party to prove the defense.

OPA liability limits do not apply to removal costs; the responsible party is liable for all removal costs plus damages.

The Clean Water Act prohibits discharges of pollutants into navigable waters without a permit; violations may result in civil and criminal penalties.

The Act to Prevent Pollution from Ships implements MARPOL and imposes requirements for oil record books, garbage management, and sewage treatment.

A vessel owner may be liable for natural resource damages under OPA; the measure includes the cost of restoring injured resources.

The National Marine Sanctuaries Act prohibits discharges and injuries in sanctuaries; liability may include civil penalties and restoration costs.

A maritime lien for pollution cleanup costs may arise under OPA; the lien attaches to the vessel and may be enforced in rem.

Admiralty jurisdiction requires a maritime location and a maritime nexus; the activity must bear a significant relationship to traditional maritime activity.

The saving-to-suitors clause preserves the right to bring common-law actions in personam but not in rem actions.

A maritime contract is governed by federal admiralty law when its subject matter is maritime; state law may supplement but not conflict with federal maritime law.

A choice-of-law clause in a maritime contract is generally enforceable unless it violates public policy or the chosen law is contrary to a fundamental principle of maritime law.

A forum-selection clause in a maritime contract is enforceable unless enforcement would be unreasonable or unjust.

A maritime claim may be brought in federal court under admiralty jurisdiction; the court applies federal maritime law.

A maritime lien is enforced by an in rem action; the vessel is the defendant, and the owner may appear to defend.

The Limitation of Liability Act permits a vessel owner to limit liability to the value of the vessel and pending freight if the loss occurred without the owner's privity or knowledge.

A charter party is a maritime contract; a voyage charter specifies a voyage and freight, while a time charter fixes hire per day and a demise charter transfers possession and control.

A safe port warranty requires the charterer to order the vessel only to ports that are prospectively safe; liability arises when the port becomes unsafe due to an abnormal occurrence.

Laytime is allowed loading or discharge time; demurrage is liquidated damages for exceeding laytime; despatch is a reward for finishing early.

A bill of lading incorporating a charter-party arbitration clause binds a holder only if the incorporation is specific and the clause is not inconsistent with the bill's terms.

A contract of affreightment is a maritime contract to carry goods; the carrier must proceed with reasonable dispatch and deliver to the consignee against surrender of the bill of lading.

A general average act requires a sacrifice or expenditure intentionally and reasonably made for the common safety; the adjustment is governed by the York-Antwerp Rules when incorporated.

A salvage agreement under Lloyd's Open Form provides for no cure, no pay and incorporates the SCOPIC clause for environmental risk; the award is fixed by arbitration.

A maritime arbitration clause is enforceable under the Federal Arbitration Act; the court may compel arbitration and enforce the award.

A maritime lien attaches to the vessel at the moment the obligation arises and follows the vessel into the hands of a purchaser unless the sale is judicial and free of liens.

Preferred maritime liens include wages of the crew, general average, salvage, and tort claims; contract liens rank after preferred liens.

A ship mortgage is a preferred mortgage when recorded with the Coast Guard and accompanied by an affidavit of good faith; it ranks after preferred maritime liens.

A lien for necessaries requires that the goods or services be furnished to the vessel on the order of the owner or authorized agent and be necessary for the vessel's operation.

A maritime lien is enforced by an in rem action under Rule C; the vessel is arrested, and the owner may post a bond to release it.

A lien for wages is a preferred lien that takes priority over all other liens except salvage and tort claims.

A maritime lien is extinguished by payment, waiver, laches, or destruction of the vessel; a judicial sale free of liens extinguishes liens against the vessel.

A lien for repairs or supplies furnished in a foreign port may be enforced in U.S. courts if the supplier relied on the vessel's credit rather than the owner's personal credit.