Questions

Question 1

What are three basic ground rules for removal?

Answer 1

Diversity, federal question, and special removal status

Question 2

What are some of the considerations that arise as you conduct the informal fact investigation?

Answer 2

What parties must be named or joined, which court has subject matter jurisdiction, if the court has personal or in rem jurisdiction, if the venue is proper.

Question 3

What are the rules when dealing with required or compulsory joinder?

Answer 3

Number one: what parties are to be joined, if feasible?
Number two: what the court should do if all required parties cannot be joined

Question 4

What to test must be meant before a joinder of plaintiffs will be permitted?

Answer 4

1. There must be a question of law, or fact, common to all parties arising from the action
2. Each plaintive must have a claim right or interest adverse to the defendant, based on the same subject matter of the action

Question 5

What are the two ways in which defendants may be joined?

Answer 5

1. The plaint is must have a right to relief jointly or severally, based based on the same transaction, occurrence or series of transactions or occurrences
2. If the defendants have a claim right or interest, adverse to them in the property or controversy, which is the subject of the action

Question 6

In special pleading rules What are the four rules that govern special types of actions?

Answer 6

Cross complaints
Interpleader
Intervention
Class actions

Question 7

What are the requirements for removal?

Answer 7

The case has already been filed in a state court
The state court in which the action is pending, must have both subject, managers diction, and personal jurisdiction over the defendant
The notice of removal must be filed within 30 days of the time that defendant receives a copy of the plaintiff initial pleading
The federal District Court could have had original jurisdiction over the action. Had it been filed in federal court

Question 8

What cases can be removed in special circumstances?

Answer 8

Civil actions against against foreign states
Federal officers
Members of armed forces
Civil rights actions
Foreclosure against the United States

Question 9

What actions are nonremovable

Answer 9

State workers compensation
Actions against railroads
Actions against a common carrier