Removal & Course Review

Question 1

Grable’s Four-Part Test

Answer 1

1. neccessarily raised = state law must necessarily raise a federal issue
2. actually disputed = the federal issue must be actually disputed
3. substantial= the federal issue must be substantiated
   and
4. capable of resolution in federal court without disrupting the federal-state balance approved by Congress
   ***** All four prongs must be met

Question 2

What is the patent federal rule

Answer 2

28 U.S.C § 1338
Any civil action “ arising under “ any act of Congress relating to patents.

*** arising under is the linguistic consistency language

Question 3

Well pleaded complaint rule

Answer 3

Determines whether a federal court has jurisdiction over a case, focsuing on the plaintiff’s cmplaint.
1. Federal question jurisdiction
2. Complaint must explicity or implicity raise a federal issue
3. Courts consider only the plaintiff’s allegations. not defense

Question 4

Types of federal jurisdiction

Answer 4

1. Subject matter jurisdiction
   (Diversity / Federal Question
2. Personal Jurisdiction
3. Venue

Question 5

Corporations

Answer 5

1 are citizens of where they incorporated
0r
2 Principle place of business, such as a large amount of where their money is made

Question 6

USC § 28 1257

Answer 6

A federal statute that defines the juridistiion of the United States Supreme Court over a decision of a state court.

Question 7

Nerve Center

Answer 7

Head Quarters
Most money is made
legal certainty
aggregative rules

Question 8

“arising under”

Answer 8

scope under federal jurisdiction