Themis Essay 4520

Question 1

Any civil action commenced in a state court that is within the original jurisdiction of a U.S. district court may be

Answer 1

removed by a defendant to the district court for the district and division in which the state court action is pending.

Question 2

A federal district court has limited subject matter jurisdiction, and removal must be based upon either

Answer 2

federal question or diversity jurisdiction.

Question 3

Diversity jurisdiction generally requires

Answer 3

complete diversity between opposing parties and an amount in controversy that exceeds $75,000.

Question 4

There is no diversity of citizenship if any plaintiff is a citizen of

Answer 4

the same state as any defendant in the case.

Question 5

Citizenship is determined at the time

Answer 5

the case is filed and at the time the notice of removal is filed.

Question 6

There is no requirement that diversity existed

Answer 6

at the time the cause of action arose.

Question 7

The amount in controversy must

Answer 7

exceed $75,000, exclusive of interest and costs.

Question 8

The amount in controversy is determined at the time

Answer 8

the action is removed to federal court.

Question 9

A plaintiff’s good faith assertion of damages is sufficient for

Answer 9

the amount in controversy requirement.

Question 10

The defendant must file a notice of removal with the district court within

Answer 10

30 days after receipt of the initial pleading or summons.

Question 11

A party must make a motion for remand within

Answer 11

30 days after the filing of the notice of removal.

Question 12

The removal statute specifically requires the case to be removed to the

Answer 12

district court for the district and in the division in which the state court action is pending.

Question 13

Persons may be joined in one action as defendants if:

Answer 13

(i) any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction or occurrence; and
(ii) a question of law or fact common to all defendants will arise in the action.

Question 14

In order to permit joinder of a party, the additional defendant must also

Answer 14

meet the requirements of subject matter jurisdiction.

Question 15

If, after removal, the plaintiff seeks to join a defendant who would destroy the federal court’s jurisdiction, the court has discretion to

Answer 15

deny the joinder and proceed with the action in federal court, or to permit the joinder and remand the action to state court.

Question 16

Under Rule 11, every paper filed with the court must be certified that to the best of the attorney’s knowledge:

Answer 16

(i) the paper is not being presented for any improper purpose;
(ii) the claims, defenses, and other legal contentions are warranted by existing law or a non-frivolous argument for reversing existing law; and
(iii) the factual contentions have evidentiary support.

Question 17

A motion for sanctions under Rule 11 must be

Answer 17

properly served on the opposing party.