CA Admiralty Specialist flashcards

33 cards. Read the term and the definition here. The deck at the top of this page is optional.

Admiralty jurisdiction test

Requires a maritime location (navigable waters) and a maritime nexus, meaning the activity bears a significant relationship to traditional maritime activity.

Saving-to-suitors clause

Preserves the right to bring common-law actions in personam for maritime claims but does not permit in rem actions in state court.

Maritime lien

A lien on a vessel arising at the moment an obligation is incurred, following the vessel into a purchaser's hands unless a judicial sale is free of liens.

Preferred maritime lien

A lien with priority over other liens, including wages of the crew, general average, salvage, and tort claims; contract liens rank after preferred liens.

Preferred ship mortgage

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

Necessaries lien

A lien for goods or services furnished to a vessel on the order of the owner or authorized agent that are necessary for the vessel's operation.

In rem action

An action against the vessel itself under Rule C; the vessel is arrested, and the owner may post a bond to release it.

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.

Jones Act

Gives a seaman a negligence action against the employer; comparative negligence reduces but does not bar recovery.

Maintenance and cure

Covers wages, medical expenses, and living expenses while a seaman is incapacitated; cure continues until maximum medical recovery.

Seaman status test

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

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.

Comparative negligence in admiralty

A plaintiff's recovery is reduced by the plaintiff's share of fault; pure comparative negligence applies, not a contributory negligence bar.

Laches in maritime claims

Bars stale maritime claims; the court looks to the analogous state limitation period and requires the defendant to show prejudice from the delay.

Punitive damages in admiralty

Available under general maritime law for gross negligence or willful misconduct, but not under the Jones Act against the employer.

Death on the High Seas Act

Provides a wrongful-death remedy for deaths beyond three nautical miles from shore, recoverable by the personal representative for the decedent's relatives.

Moragne wrongful death

The general maritime law wrongful-death remedy applies to deaths on navigable waters within territorial limits and permits recovery for loss of society.

COGSA package limitation

Limits carrier liability to $500 per package or customary freight unit unless the shipper declares a higher value in the bill of lading.

Clean bill of lading

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

Bill of lading functions

A receipt for goods, evidence of the contract of carriage, and a document of title when consigned to order.

Harter Act

Prohibits carrier clauses relieving liability for negligence in loading, stowage, custody, care, or discharge of cargo.

Nautical fault exception

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

Charter party types

A voyage charter specifies a voyage and freight; a time charter fixes hire per day; a demise charter transfers possession and control.

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 and demurrage

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

General average

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

Salvage elements

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.

Collision liability

Apportioned by comparative fault; the court may divide damages according to the parties' respective degrees of fault.

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.

Oil Pollution Act

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.

Maritime arbitration

An arbitration clause in a maritime contract is enforceable under the Federal Arbitration Act; a court may compel arbitration and enforce the award.

Forum-selection clause

In a maritime contract, enforceable unless enforcement would be unreasonable or unjust; a choice-of-law clause is generally enforceable unless it violates public policy.