legal specialist examination registration & preparation packet · pdf file2017 lsx...

Area of Specialty: ADMIRALTY AND MARITIME LAW

THE STATE BAR OF CALIFORNIA BOARD OF LEGAL SPECIALIZATION

LEGAL SPECIALIST EXAMINATION Registration & Preparation Packet

2017 Examination Date: October 24, 2017

2017 LSX Preparation Packet – Admiralty and Maritime Law 01/06/17 2

INTRODUCTION

This packet contains key information that you will need to prepare for the legal specialist examination to be given on October 24, 2017.

For full details, please visit www.californiaspecialist.org and look for your specialty page.

This packet contains:

An action list for examination preparation

Examination specifications listing topics that may be tested on the legal specialist

examination

Free sample essay questions from past examinations (multiple-choice questions are not

released)

A fillable examination registration form

http://ls.calbar.ca.gov/LegalSpecialization.aspx


2017 LEGAL SPECIALIST EXAMINATION ACTION LIST

A. Start Today:

1. Register for the legal specialist examination today using the registration form included in

this packet and also available on www.californiaspecialist.org. Register for the

examination early to take advantage of reduced pricing. At no extra charge, you can add

the option to take the essay portion of the test using your laptop computer. Deadlines

and fees are as follows:

a. Early Filing Deadline: received on or before May 1, 2017 ($100)

b. Timely Filing Deadline: received on or before September 1, 2017 ($250)

c. Final Filing Deadline: received on or before October 2, 2017 ($350)

2. Review this packet for an overview and visit the examination and specialty pages at

www.californiaspecialist.org for more details about the examination and the post-

examination application you will file after you pass the examination.

B. Know the Examination:

1. Format: Four-hour morning session, eight essays; approximate 90-minute lunch; two

and a half-hour afternoon session, 75 multiple-choice questions.

2. Examination topics: See enclosed examination specifications.

3. Examination practice: At this time, practice questions are not released for this specialty

area.

4. Optional preparation course(s): If you plan to register for an optional preparation

course from a commercial provider, be sure to check the schedule right away, as some

courses may already be underway. All courses are designed to accommodate full-time

working schedules. Your specialty page at www.californiaspecialist.org will list all

preparation classes reported to the Department of Legal Specialization.

5. Other certification requirements: Review the other task, education and experience

requirements in the post-examination application. You may have already met many of

the requirements, or you can continue to meet them through February 1, 2021.

C. Prepare for Examination Day:

1. Arrive by 7:00 a.m. so that you will have enough time to find your assigned seat and

start your laptop, if you are using one, when examination begins at 7:30 a.m.

2. Items allowed in the examination room:

a. You are allowed to bring only the items listed in the examination bulletin into the

examination room. Please review the examination bulletin which will be sent to

you after you register.

http://www.californiaspecialist.org/

http://www.californiaspecialist/




ADMIRALTY AND MARITIME LAW Examination Specifications

Purpose of the Examination: The Admiralty and Maritime Law Examination consists of a

combination of essay and multiple-choice questions. It is designed to verify the applicant’s

knowledge of and proficiency in the usual legal procedures and substantive law that should be

common to specialists in the field as represented by the skills listed below. We recognize that

these skills are interrelated, which may require that you apply several skills in responding to a

single exam question. Also, the order of the skills does not reflect their relative importance, nor

does the skill sequence represent an implied order of their application in practice.

Your answers to the exam questions should reflect your ability to identify and resolve issues,

apply admiralty and maritime law to the facts given, and show knowledge and understanding of

the pertinent principles and theories of law, their relationship to each other, and their

qualifications and limitations. Of primary importance for the essay questions will be the quality of

your analysis and explanation.

Knowledge of the following fundamental lawyering skills may be assessed:

Subject Area 1: Professional Responsibility 1.1 Duties to clients, counsel and the Court 1.2 Conflicts in joint representation 1.3 Avoiding conflicts of interest in other cases 1.4 Admission to practice before the Court 1.5 Fee agreements 1.6 Disclosure of fee arrangements and impact on

timing of filing

Subject Area 2: Jurisdiction and Venue 2.1 Concepts of admiralty jurisdiction 2.2 Exclusive admiralty jurisdiction 2.3 Concurrent State Court jurisdiction over

admiralty actions 2.4 Removal 2.5 Consequences of admiralty jurisdiction 2.6 Significance of the Savings to Suitors Clause 2.7 Admiralty Extension Act 2.8 Forum non conveniens 2.9 Forum selection clause

Subject Area 3: Practice and Procedure 3.1 Applicable governing statutes of limitation 3.2 Concept/applicability of laches 3.3 Supplemental rules for certain admiralty and

maritime claims 3.4 Local Admiralty rules California U.S. District

Courts 3.5 Vessel arrests in rem proceedings 3.6 Procedural aspects of exoneration/limitation

proceedings 3.7 Special rules concerning burdens of proof in

certain admiralty proceedings 3.8 Concepts governing right to jury trial 3.9 Interlocutory appeals 3.10 Special rules governing

contribution/settlement bar

Subject Area 4: General Maritime Law 4.1 Role and importance of uniformity 4.2 Effect of state law 4.3 Choice of law principles 4.4 Essential concepts of substantive general

maritime law 4.5 Preemption 4.6 Maritime product liability and warranty 4.7 Maritime liens

4.7.1 Enforcement of liens 4.7.2 Based on contracts 4.7.3 Based on tort 4.7.4 Priority 4.7.5 Extinction 4.7.6 Preferred ship mortgages

4.8 Charter Parties 4.8.1 Duties and obligations under charter

parties 4.8.2 Demise/bareboat charters 4.8.3 Time charters 4.8.4 Voyage charters


4.8.5 Damages and remedies of breach of charter

4.9 Remedies under GML

Subject Area 5: Maritime Personal Injury and Wrongful Death 5.1 Seaman’s claims

5.1.1 Jones Act 5.1.2 Unseaworthiness 5.1.3 Unearned wages 5.1.4 Maintenance and cure

5.2 Longshore and harbor workers’ claims 5.2.1 Situs/Status 5.2.2 905(b)/3

rd Party

5.2.3 Settlement procedures 5.2.4 Notice/statute of limitations issues

5.3 Passengers 5.4 Wrongful death 5.5 Death On the High Seas Act 5.6 Contribution and indemnification 5.7 Recreational vessels

Subject Area 6: Marine Insurance 6.1 Choice of law 6.2 Hull insurance 6.3 Warranties, disclosures, representations and

the doctrine of utmost good faith 6.4 Protection and indemnity insurance

Subject Area 7: Limitation of Liability Act 7.1 Shipowners’ Limitation of Liability Act 7.2 The limitation proceeding 7.3 Limitation practice 7.4 Flotilla rule

Subject Area 8: Salvage 8.1 General principles of salvage 8.2 The salvage award

Subject Area 9: Collision and Allision 9.1 Basis of liability 9.2 Shifting burdens of proof

Subject Area 10: General Average 10.1 Basic principles 10.2 York-Antwerp Rules 10.3 General average claims

Subject Area 11: Carriage of Goods 11.1 Carriage of Goods by Sea Act 11.2 Operation of statutory provisions 11.3 Tug, Tow & Pilotage 11.4 Carmack Amendment

Skill 12: Statutory Provisions 12.1 Jones Act 12.2 Suits in Admiralty Act 12.3 Public Vessels Act 12.4 Admiralty Extension Act 12.5 Hague Convention 12.6 Limitation of Liability Act 12.7 Commercial Instruments and Federal Maritime

Lien Act 12.8 Longshoreman and Harbor Workers’

Compensation Act 12.9 Carriage of Goods by Sea Act 12.10 Harter Act 12.11 Death on the High Seas Act 12.12 Other federal statutes 12.13 Applicable California statutes 12.14 Applicable international conventions

Skill 13: Administration and Regulation 13.1 Marine pollution and environmental law 13.2 Vessel documentation 13.3 Vessel inspection and regulation 13.4 Marine casualty reporting and investigation 13.5 Regulation of vessels of passengers for hire


ADMIRALTY AND MARITIME LAW

4 Sample Legal Specialist Examination Essay Questions

Below are actual questions from past examinations. These questions were designed to be

read and answered within 45 minutes, though current examination questions are designed to

be read and answered in 30 minutes.

Sample Legal Specialist Examination Question #1

The Westonia was a large U. S. flagged ocean-going ferry with accommodations for vehicles as well as passengers and crew. It sank on the high seas during an international transit. Westonia’s owner, Westonia, LLC, was the operator of the vessel and the issuer of tickets to the passengers. The crew was employed by Seacrews, Inc., a crewing agent.

Westonia was a roll-on, roll-off (or ro-ro) design which allowed drive-through access to the car deck through openings and ramps at the bow and stern. The forward ramp was enclosed by a hinged outer shell which formed the ship’s bow. This bow section could be hydraulically raised to give access to the forward ramp.

On the night of the incident Westonia was moving at her normal cruise speed heading directly into heavy seas with deteriorating weather conditions. Crashing sounds coming from the area of the bow were reported to the bridge. Subsequent investigation revealed that the sounds were caused by a structural failure of the hinged bow which had been the subject complaints to Westonia management by the crew on prior voyages. The Westonia did not reduce speed or alter heading to reduce the pounding. Subsequently there was a complete failure of the bow section and resultant catastrophic flooding into the car deck. Westonia then capsized and sank.

Half of the passengers survived as did a third of the crew. The survivors, some of whom lost family members, were in life boats and observed the sinking of the vessel.

A. Discuss the availability of a proceeding for exoneration from or limitation of liability by Westonia, LLC and/or Seacrew, Inc. including which, if either, is a proper party to the proceeding and what the benefits of such a proceeding might be.

B. Discuss the procedural steps required to be taken to initiate the proceeding including the time within which the action must be brought.

C. Discuss the nature of the limitation fund in the circumstances of this case.

D. Discuss possible defenses to limitation and/or exoneration.



The Westonia was a large U. S. flagged ocean-going ferry with accommodations for vehicles as well as passengers and crew. It sank on the high seas during an international transit. Westonia’s owner, Westonia, LLC, was the operator of the vessel and the issuer of tickets to the passengers. The crew was employed by Seacrews, Inc., a crewing agent.

Westonia was a roll-on, roll-off (or ro-ro) design which allowed drive-through access to the car deck through openings and ramps at the bow and stern. The forward ramp was enclosed by a hinged outer shell which formed the ship’s bow. This bow section could be hydraulically raised to give access to the forward ramp.

On the night of the incident Westonia was moving at her normal cruise speed headed directly into heavy seas with deteriorating weather conditions. Crashing sounds coming from the area of the bow were reported to the bridge. Subsequent investigation revealed that the sounds were caused by a structural failure of the hinged bow which had been the subject of complaints to Westonia management by the crew on previous voyages. The Westonia did not reduce speed or alter heading to reduce the pounding. Subsequently there was a complete failure of the bow section and resultant catastrophic flooding into the car deck. Westonia then capsized and sank.

Half of the passengers survived as did a third of the crew. The survivors, some of whom lost family members, were in life boats and observed the sinking of the vessel.

A. Discuss the remedies available to the survivors for emotional distress.

B. Discuss the claims and remedies available to the survivors of the deceased seamen including the appropriate parties, time limitations and governing law.

C. Discuss the claims and remedies available to the survivors of the deceased passengers including the appropriate parties, time limitations and governing law.

D. Discuss the claims and remedies available to the surviving seamen for personal injuries including the appropriate parties, time limitations and governing law.



An American crewmember sailed on a lawful U.S. coastwise voyage from Los Angeles aboard a

vessel carrying passengers to disembark in San Francisco. She was injured aboard the vessel

while it was in San Francisco, due to the negligence of her employer.

The shipowner employs the crewmember pursuant to a collective bargaining agreement (“CBA”)

that provides that all disputes between the union and shipowner are to be resolved in Norway

where the union is headquartered and where the CBA was signed.

The American crewmember brought a Jones Act suit in California State Court and the

shipowner removed the case to federal court.

A. Was removal off the crewmember’s suit proper? Discuss.

B. What law should be applied to the crewmember’s suit? Discuss.



Buyer, a California resident, consulted Seller about purchasing a sport-fishing boat for deep-sea

fishing off the coast of California. Seller, who specializes in open-water sport-fishing boats,

recommended a model that he said would be good for Buyer given her intention of using it on

longer voyages off the coast of California and further told her that everything on the boat was in

working order. Buyer took delivery of the boat at Seller’s facility located on the coast of

California and used it exclusively in territorial seas of the United States.

In fact, however, the boat’s fuel gauge was not working. Buyer retained Attorney to sue Seller

for a refund after she learned that the boat’s fuel gauge did not function properly resulting in the

boat running out of fuel without notice.

During Attorney’s investigation, Buyer’s ex-husband, now living outside the United States, called

Attorney and reported that Buyer’s new boyfriend had adjusted the sport-fishing boat’s fuel

gauge so that it would malfunction and Buyer could obtain a refund. Buyer’s ex-husband told the

Attorney he would not tell Seller and would stay outside the United States to avoid having to

testify if Buyer paid him $1,000.

A. If Attorney files a complaint asserting contractual claims against Seller on behalf of

Buyer, can he do so in state court, in Federal District Court as an admiralty case, or

either one? What issues should Attorney consider in deciding in which court to file

the complaint?

B. What ethical obligations, if any, does Attorney have in representing Buyer? Discuss.


CALIFORNIA BOARD OF LEGAL SPECIALIZATION OF THE STATE BAR OF CALIFORNIA

180 HOWARD STREET, SAN FRANCISCO, CALIFORNIA 94105-1617

TELEPHONE: (415) 538-2120 FAX: (415) 538-2180

E-MAIL: [email protected] WEBSITE: www.californiaspecialist.org

2017 Legal Specialist Examination Registration Form Examination Date: Tuesday, October 24, 2017

Registration Deadline: October 2, 2017

NOTE: For the 2017 Legal Specialist Examination only, registration fee(s) are reduced and all laptop fees are waived. Reduced pricing will only be honored with valid full payment. Applicants who wish to take the examination via laptop will still need to indicate on this form, complete the Release of Liability and comply with all department policies. Laptop slots are limited so applicants are encouraged to apply early.

Register to guarantee your space at the test center for the 2017 Legal Specialist Examination by submitting this registration form with valid full payment postmarked no later than October 2, 2017.

Applicant Information

Full Name: CA State Bar Number: We will communicate with you via your address, phone and private e-mail as provided in your “My State Bar Profile.”

Eligibility: Have you been practicing in the specialty area since January 2016? ☐ Yes ☐ No

Examination 1. Subject Matter: Indicate the examination for which you are registering (check one)

☐ Admiralty & Maritime Law

☐ Appellate – Civil Law

☐ Appellate – Criminal Law

☐ Bankruptcy Law

☐ Criminal – State Law

☐ Criminal – Federal Law

☐ Estate Planning, Trust & Probate Law

☐ Family Law

☐ Franchise & Distribution Law

☐ Immigration & Nationality Law

☐ Legal Malpractice Law

☐ Taxation Law

☐ Workers’ Compensation Law

2. Test Center: ☐ Northern California – Oakland Convention Center

☐ Southern California – Pasadena Convention Center

3. Method for Essay Portion:

☐ Handwriting

☐ Typing on Laptop/Netbook (Please review and sign the Release of Liability Form)

4. Payment: ☐ Enclosed check made payable to the State Bar of California.

☐ MasterCard or Visa (Please complete and sign the credit card authorization form)

5. Source: How did you learn about the legal specialization program and examination? (Check all that apply)

☐ A colleague

☐ State Bar website

☐ Mailing/e-mail to State Bar of California

Section Members

☐ California Bar Journal

☐ Information booth at conference

☐ Other:

Declaration

As a condition for registration for the legal specialist examination I agree to the following:

1. I am an active member of the State Bar of California. 2. I understand that the examination is the first step in the certification process and that if I am successful

on the examination, I will be required to file an application for certification with the appropriate fee demonstrating compliance with all other requirements of the legal specialization program, including education, tasks and experience and recommendations, on or before February 1, 2021 before my application can be considered by the California Board of Legal Specialization.

2017 Legal Specialist Examination Registration Form Page 1 of 4 Rev 12/20/16

mailto:[email protected]


3. I am aware that the requirements for becoming a certified specialist are set forth in the Rules andStandards available at www.californiaspecialist.org and that the California Board of Legal Specializationrecommends that I review these rules prior to applying to be sure that I can meet the requirements byFebruary 1, 2021. After that date, the examination results will no longer be valid and I will need to takethe examination again to continue with the certification process.

4. I understand that the legal specialization program is self-funded, and, if certified, I will be required to payan annual fee and to recertify every five years, though I will not need to take the examination again.

5. I understand that any and all fees related to this examination are non-refundable, non-transferable, andapplicable only to the 2017 Legal Specialist Examination and not any future examination.

6. I understand that failure to make a truthful disclosure of any fact or item of information required mayresult in denial of my registration, revocation of my certificate of specialization, if granted, or referral todisciplinary investigation by the State Bar of California.

7. I understand that although laptop fees are waived on a one-time basis for the 2017 Legal SpecialistExamination, should I choose to use a laptop for the essay portion of the examination, I will review andsubmit the Release of Liability Form by October 2, 2017 and upload the required software no later thanOctober 20, 2017.

8. I understand that I will receive a confirmation e-mail sent to my private e-mail address as listed on MyState Bar Profile at www.calbar.ca.gov once my completed registration form has been received andprocessed.

9. I understand that in order attend the examination I will need the admittance ticket that will be sent inOctober to my current address as listed on My State Bar Profile at www.calbar.ca.gov.

10. I understand that subsequent information regarding the examination will be sent to the physical and/or e-mail address listed on My State Bar Profile and I agree to keep my contact information updated.

I have carefully read the foregoing and declare, under penalty of perjury under the laws of the State of California, that the information I have provided is true and correct.

Executed on: (Date) at (City and/or County), California

Signature:

(Please print and manually sign this document or use Adobe’s e-signature function)

Submission Information

MAIL OR FAX YOUR REGISTRATION FORM(S) AND PAYMENT TO: Department of Legal Specialization State Bar of California 180 Howard St. San Francisco, CA 94105 Fax: (415) 538-2180



http://www.calbar.ca.gov/

http://www.calbar.ca.gov/



TELEPHONE: (415) 538-2120 FAX: (415) 538-2180


For Laptop Applicants Only RELEASE OF LIABILITY – LAPTOP COMPUTER PROGRAM

Must be returned no later than October 2, 2017

FOR APPLICANTS:

Although laptop fees will be waived on a one-time basis for the 2017 Legal Specialist Examination, this formmust be reviewed, completed and submitted with the Examination Registration Form.

Laptops will only be used for the morning session/essay portion of the examination. Applicants will not needlaptops for the afternoon session/multiple-choice portion of the examination.

On September 1, 2017 laptop applicants will receive information about downloading the software, whichmust be completed by October 20, 2017.

To ensure that your laptop is compatible with the software as described below, review the system specifications at http://go.examsoft.com/barexamsystemrequirements.

I, , acknowledge that the California Board of Legal

Specialization (Board) of the State Bar of California is allowing examination applicants to use personal laptop computers with pre-installed SofTest software from ExamSoft (Software) to take examinations administered by the Board.

I understand that the use of personal laptop computers is offered by the State Bar of California (State Bar) as a convenience to me and that the State Bar does not warrant or guarantee said Software.

I agree to bear sole responsibility for the use of said Software and I hereby release the State Bar (its Board of Trustees, officers, agents, representatives and employees, as the same may be constituted now and from time to time hereafter), including the Board, from all liability, claims, damages, or demands for personal injury or property damage, arising from or related to my use of a personal laptop computer during the examination.

I further acknowledge that the State Bar does not warrant or guarantee the Software nor does it accept any liability in the event there is a technical or mechanical failure of the personal laptop computer and all associated equipment, Software and/or associated materials during administration of an examination, the uploading of my examination answers or in the printing of my examination answers.

I will accept the use of SofTest under the provisions of the ExamSoft click license at the ExamSoft website and agree to be bound by its terms and conditions.

By my election to use a personal laptop computer to take an examination administered by the Board, I also agree to begin or continue the examination by handwriting in the event there is any malfunction, or issue with access to, the computer, Software, electrical system or such other items associated with administration of the examination; and, understand I will not receive a refund of the fees.

I agree: 1) that I will exit the exam file upon the conclusion of each examination session; 2) that I will not attempt to access my exam file(s) following the examination for the purpose of altering my answers; 3) that I will upload the exam file(s) that contain the examination answers, which I completed during the examination, by the published deadline; 4) that a deduction of ten scaled points will be taken from my total written scaled score if I fail to upload my answer file(s) by the published deadline; and 5) that I will receive a grade of zero (0) for each answer not uploaded timely if I fail to upload my answer file(s) within two (2) weeks of the published deadline.

Date of Examination Administration: October 24, 2017 Legal Specialist Examination

CA State Bar Number:

Applicant Name (please print):

Applicant Signature:



http://go.examsoft.com/barexamsystemrequirements





TELEPHONE: (415) 538-2120 FAX: (415) 538-2180


2017 Legal Specialist Examination Fee Payment Form

FOR APPLICANTS:

Registration fees are non-refundable, non-transferable, and applicable only to the legal specialistexamination to be administered on October 24, 2017.

The applicable registration fee will be based on the day valid full payment is received.

Examination Applicant Information

Full Name: CA State Bar Number:

2017 Legal Specialist Examination (Reduced) Registration Fee(s) If valid full payment is received:

☐ on or before September 1, 2017:

☐ on or before October 2, 2017:

$250

$350

Payment methods ☐ Enclosed check made payable to the State Bar of California

☐ Credit Card – MasterCard or Visa only (Complete and return Credit Card Authorization below)

Credit Card Authorization

Credit Card Payment Information (Only Visa and MasterCard credit cards are accepted)

☐ MasterCard ☐ Visa

Credit Card Number:

Expiration Date (MM/YY): Security Code:

Name on Card:

Billing Address:

City: State: Zip:

By my signature on this document, I hereby authorize the State Bar of California to charge my Visa or MasterCard account for the amount that I have indicated in the form above.

Signature: Date:





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