CA Admiralty Specialist key terms

The power of a court to hear cases involving maritime commerce, navigation, ships, and waters. In the United States it flows from Article III and is implemented through Rule 9(h) designations.

The body of federal judge-made and statutory rules governing maritime affairs that applies uniformly across the country, independent of state law, in areas requiring national uniformity.

A provision preserving a claimant's right to pursue common-law remedies in state court for certain maritime claims, so long as the remedy is not exclusive to admiralty courts.

A claim against a vessel or other maritime property arising from services or injury connected to its operation, enforceable by seizing the property in an in rem proceeding.

A lawsuit brought directly against a vessel or maritime property rather than its owner, initiated by arrest or attachment of the property to satisfy a maritime claim.

A lawsuit against a person or company, such as a shipowner or charterer, seeking a personal judgment rather than recovery from specific maritime property.

The judicial seizure of a ship to secure a maritime claim or enforce a judgment, often used to obtain security before the merits of a dispute are resolved.

A mortgage on a documented vessel that meets statutory recording and citizenship requirements, giving the lender priority over most later maritime liens.

A security interest granted over a vessel to secure a loan, recorded against the vessel's documentation so that lenders gain enforceable priority rights.

The federal registration of a vessel with the Coast Guard, establishing its nationality and permitting it to engage in certain trades and financing arrangements.

A charter under which the charterer takes full possession and control of the vessel, including crewing and operation, while the owner retains only nominal control.

Another name for a bareboat charter, transferring possession, command, and navigation of the vessel to the charterer for the charter period.

A contract hiring a vessel for a stated period during which the owner retains control of navigation and crew while the charterer pays hire and directs employment.

A contract to carry goods on one or more specified voyages for a freight rate, with the owner operating the vessel and bearing most voyage costs.

A document issued by a carrier acknowledging receipt of goods for shipment, serving as a contract of carriage and, when negotiable, as a document of title.

An international convention governing carrier liability for cargo, setting minimum duties of care and package limitations that participating nations incorporate into their law.

United States legislation implementing the Hague Rules, defining carrier and shipper obligations for cargo carried to or from American ports under bills of lading.

The condition of a vessel being reasonably fit in hull, equipment, and crew for the intended voyage, a core obligation of carriers and a basis for many liability claims.

A vessel's failure to be reasonably fit for its intended service, creating strict liability in favor of injured seamen and certain other maritime workers.

Federal statute allowing a seaman injured through employer negligence to sue the employer for damages, including a jury trial in appropriate forums.

A shipowner's obligation to provide an injured seaman with food and lodging (maintenance) and medical care (cure) until maximum medical recovery is reached.

The legal determination that a worker has a substantial employment connection to a vessel in navigation, a threshold for Jones Act and maintenance and cure claims.

Federal statute providing workers' compensation benefits to maritime employees, such as dockworkers, who are injured on navigable waters but are not seamen.

A negligence action by a maritime worker against a vessel owner under the Longshore Act, subject to statutory limits on the duties owed to the worker.

A vessel owner's obligation to exercise reasonable care to turn over the ship and its equipment in a condition safe for stevedores boarding and working aboard.

A vessel owner's obligation to avoid injuring longshore workers through active involvement in cargo operations or failure to remedy unsafe conditions it knows of.

The international navigation rules, known as COLREGS, prescribing steering, sailing, lights, and signals to prevent collisions between vessels at sea.

The navigational conventions determining which vessel must give way or stand on in meeting, crossing, and overtaking situations on the water.

The division of responsibility among parties in a maritime casualty, which may reduce a claimant's recovery proportionally under comparative fault principles.

The traditional admiralty rule splitting collision losses equally between vessels when both are at fault, now often replaced by comparative fault allocation.

A maritime principle requiring cargo and ship interests to share proportionally in losses intentionally incurred to save the venture from a common peril.

A loss or damage to a specific cargo or ship interest borne solely by its owner, rather than shared among all parties to the venture.

An internationally adopted set of contractual rules governing how general average is adjusted and apportioned among ship and cargo interests.

The voluntary rescue of a vessel or property from maritime peril, entitling the rescuer to a reward based on the value saved and the effort involved.

The international treaty establishing the modern framework for salvage awards, including a special compensation for preventing environmental damage.

A contract for one vessel to assist in moving another, typically for a fixed fee, without the voluntary risk-taking that characterizes salvage services.

The relationship between a towing vessel and the vessel in tow, governed by contract terms and divided responsibilities for navigation and safety.

A federal statute allowing a shipowner to limit liability for certain maritime claims to the value of the vessel and pending freight after a casualty.

The owner's personal involvement in or awareness of the negligent act, which defeats the right to limit liability under the Limitation Act.

The compulsory or voluntary use of a licensed local navigator to guide a vessel through hazardous or restricted waters, with attendant liability implications.

A legal requirement that certain vessels take a licensed pilot in specified waters, affecting how fault is allocated when a pilot's negligence causes a casualty.

An agreement with a maritime subject matter, such as carriage, chartering, or salvage, that may fall within admiralty jurisdiction even if performed on land.

A written contract for the hire of a vessel, specifying the type of charter, duration, hire, delivery and redelivery, and the parties' operational responsibilities.

The reasonable care a carrier must exercise before and at the start of a voyage to make the vessel seaworthy under cargo carriage conventions.

Fortuitous accidents or dangers peculiar to navigation, such as storms or waves, that may excuse a carrier from liability for cargo loss.

A natural event beyond human control and unforeseeable by reasonable care, recognized as an exception to certain maritime liabilities.