Themis Essay 2035

Question 1

The procedure to move a case from state court to federal court is

Answer 1

removal.

Question 2

Any civil action commenced in a state court that is within the original jurisdiction of a federal court may generally be

Answer 2

removed by the defendant to the district court for the district in which the state court action was commenced.

Question 3

For an action that is not based on federal law to be removed, a federal district court must

Answer 3

have diversity jurisdiction over the action.

Question 4

A federal district court has diversity jurisdiction when

Answer 4

(i) the parties to an action are citizens of different states, and (ii) the amount in controversy exceeds $75,000.

Question 5

For purposes of diversity jurisdiction, a corporation is a citizen of

Answer 5

(i) its state of incorporation, and (ii) the state where it has its principal place of business, which is usually its headquarters.

Question 6

A defendant must file a notice of removal with the federal court within

Answer 6

30 days after receipt by or service of the initial pleadings or summons, unless the last day falls on a weekend or legal holiday.

Question 7

A notice of removal must:

Answer 7

(i) be signed by the defendant seeking removal; (ii) contain a short and plain statement of the grounds for removal; and (iii) be accompanied by copies of the complaint and summons originally served on the defendant.

Question 8

After filing the notice of removal with the federal court, the defendant must

Answer 8

promptly give written notice of the filing to all adverse parties and file a copy of the notice with the state court clerk.

Question 9

__________________ is the procedure in federal court for a defending party to make a claim against a non-party for all or part of the defending party’s liability on an original claim.

Answer 9

Impleader

Question 10

For impleader to be available, the federal district court must have

Answer 10

(i) subject matter jurisdiction over the third-party claim, and (ii) personal jurisdiction over the third-party against which the claim is asserted.

Question 11

When a claim is not based on federal law, a federal district court has

Answer 11

subject matter jurisdiction if diversity jurisdiction exists.

Question 12

A limited liability company (LLC) is deemed to be a citizen of

Answer 12

each state a member of the LLC is a citizen.

Question 13

In addition to diversity jurisdiction, a federal court may also have jurisdiction over a claim if the court has

Answer 13

supplemental jurisdiction over it.

Question 14

A federal district court must generally determine personal jurisdiction as if

Answer 14

it were a court of the state in which it is situated.

Question 15

In order to determine if it has personal jurisdiction over the parties before it, a federal court will

Answer 15

look to state jurisdictional statutes.

Question 16

Virginia’s long-arm statute has a provision which subjects a defendant to the jurisdiction of a Virginia court if

Answer 16

the defendant contracts with the plaintiff to supply goods or services in Virginia.

Question 17

For a federal court to have personal jurisdiction over a defendant, the exercise of jurisdiction must comport with the constitutional due process requirements:

Answer 17

(i) “minimum contacts” and (ii) fair play and substantial justice.

Question 18

To effect impleader, a third-party plaintiff must

Answer 18

serve a summons and third-party complaint on the third-party defendant.

Question 19

A third-party plaintiff must obtain the court’s permission for impleader if

Answer 19

it files more than 14 days after service of the original answer.

Question 20

If a corporate party does not have a registered agent in the Commonwealth,

Answer 20

then Virginia’s long-arm statute permits service of process on the Secretary of the Commonwealth.

Question 21

A third-party defendant may file a counterclaim against

Answer 21

either an original defendant or an original plaintiff.

Question 22

A compulsory counterclaim requires, at the time of service, that

Answer 22

the pleading contains any claim against an opposing party which arises out of the same transaction or occurrence that is the subject matter of the opposing party’s claim.

Question 23

A compulsory counterclaim will likely fall under

Answer 23

the supplemental jurisdiction of the federal court.

Question 24

A permissive counterclaim must on its own meet the requirements for

Answer 24

federal subject matter jurisdiction since it does not arise out of the same transaction or occurrence as the original claim.