Maritime Liens
Admiralty Jurisdiction
Admiralty Jurisdiction part II
Salvage
Admiralty Procedure
100
Lien
What is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation.
100
Exclusive Federal Court Jurisdiction for these claims:
What is salvage, in rem claims, limitation of liability
100
Libel
What is a complaint!
100
The name of the vessel that Mel Fisher discovered of the coast of Florida
What is Atocha Bonus - how long did it take Mel to find it? What did Mel loose when searching for the Atocha?
100
The Supplemental Rules for Certain Maritime and Admiralty Claims
What is the Rules of Civil Procedure that govern admiralty and maritime claims found behind the Federal Rules of Civil Procedure numbered (or lettered) A through G
200
Personification Theory
What is the theory that a vessel is personified as a defendant and can be sued directly
200
If a plaintiff files a personal injury action arising from a tort on a cruise ship in state court under the savings to "suitors clause" the defendant cruise ship owner can remove it to federal court - true or false
What is false bonus: what is the statutory provision where the savings to suitors clause is found?
200
Rule F
What is the Rule that Governs Limitation of Liability Proceedings
200
If you have a fixed price in a salvage contract - you can completely disregard the fixed price and sue for a salvage award. True or False
What is False
200
If a court has admiralty jurisdiction over a claim and the substantive admiralty law applies - there are three items that may differ from the application of state law:
What are 1) remedies (the amounto of recoverable damages) 2) defenses (i.e., sol, lla) 3) federal procedure (i.e., right to jury)
300
The order of priority amongst liens of the same type.
What is Last in Time, First In Right
300
Definition of a Vessel
What is capable of veing used, as a means of transportaiton on water. 1 u.s.c. 3
300
The 2 part test of admiralty tort jurisdiction set forth in Grubart - with one of the two parts having 2 subparts
What is Locality and Nexus - Locality and Nexus to Maritime Nexus - 1) potentially disruptive impact on maritime commerce 2) substantial connection to a traditional maritime activity
300
List some of the factors the court will look to when setting a salvage award.
What is: 1) marine peril - imminent danger of complete loss 2) value of vessel saved 3) amount of time and expenses salvors incurred in saving vessel 4) skill of salvors 5) protection to the environment 6) danger salvors encountered
300
An action to enforce a maritime lien - in which the plaintiff ask the court to arrest the vessel (i.e., in rem) is brought under the rule
What is C bonus - an action to attach a vessel is brought under this rule - what's the difference between B and C?
400
Not a lien but has the highest priority even higher than a maritime lien.
What is custodia legis expenses
400
Definition of Navigable Water
What is presently capable of being used as an interstate highway for commercial trade in the customary modes of travel on water.
400
Type of Contracts that give rise to admiralty jurisdiction - including a few examples
What is maritime contracts - 1) marine insurance contracts 2) charter parties 3) through bills of lading bonus - give me the name of the case re marine insurance contracts and the name of the case re through bills of lading
400
A historical shipwreck case where the vessel is located in international waters can be brought in what district court of the united states
What is any - Bonus - - what must the court do to obtain jurisction - have a piece of vessel or her cargo bonus - where was titanic brought? big apple
400
Statue of Limitatons for Bringing a Limitation of Liability Action
What is 6 months from the date of written notice of the claim.
500
The priority of maritime liens against a vessel:
What is 1. seaman wage claims 2. salvage 3. tort claims (personal injury/ collision) 4. u.s. preferred ship's mortgage on u.s. flag vessel 5. maritime necessaries (repairs, supplies, towage, pilotage, etc.) 6. foreign ship's mortgage Bonus - three requirements to procure a maritime lien 1) providing necessaries to vessel 2) relying on credit of the vessel 3) presumed authority
500
The fate of Nahid Davoodabadi
What is "tossed overboard" attacked by shark bonus - on her honeymoon.
500
Federal Court has exlusive jurisdiction over these types of admiralty cases
What is LLA, Mtg., Salvage, In rem
500
combo questions What shipping line owned the Titanic? How long was the movie Titanic? To what did the legnth of the movie correspond
What is White Star line The sinking of the titanic -
500
Claims brought under this rule are brought to enforce petitory claims such as disputes over the title of the vessel.
What is Rule D